< Back to front page Text size – +

Tollpayer suit against the Pike suffers another setback

E-mail|Link|Comments () September 1, 2009 03:40 PM

By Noah Bierman, Globe Staff

A class action suit against the Massachusetts Turnpike Authority on behalf of tollpayers suffered another setback this week when an appeals court judge affirmed another judge’s ruling that the case was not likely to succeed on its merits.

The newest ruling from Massachusetts Appeals Court Judge Peter J. Rubin, dated Monday, came in response to a request for an emergency injunction against the turnpike authority from the plaintiffs, who claim in their suit that the authority is illegally using money from tolls to operate non-tolled roads, including much of the Big Dig. A Superior Court judge had already ruled against the injunction on Aug. 17.

“There is no clear error of law in the judge’s analysis of the plaintiffs’ likelihood of success on the merits,” Rubin wrote in his two-page opinion.

"We are of course disappointed with today's Appeals Court ruling. We believe the Constitutional issue is clear and we intend to fight for the rights of the citizens to be free from unconstitutional fees and taxes. Our 2,500 members intend to carry on and we are confident that, in the end, we will be vindicated and the Turnpike's toll practices will be declared inequitable and unconstitutional," Jan Schlichtmann, lead attorney for the Massachusetts Turnpike Toll Equity Trust, said in a statement.

A lawyer for the Turnpike, Adam N. Lewis, said, “The Turnpike Authority is pleased with the single justice’s decision and looks forward to moving to dismiss this case.”