MCCT Lawyers Convince High Court to Revive Suit to Stop Dulles Metrorail Project
On June 6, 2008, the Virginia Supreme court unanimously reversed a decision of the Circuit Court of the City of Richmond in the case of Gray, et al. v. Virginia Secretary of Transportation, et al., Record No. 071220.* In the suit, the plaintiffs, two users of the Dulles Toll Road, challenged the ability of executive branch officials to dispose of assets of the Commonwealth (the Dulles Toll Road) and to cede the Commonwealth’s taxing power (the unfettered setting of tolls on the Dulles Toll Road to fund the Dulles Metrorail Project) to an unelected, unaccountable, regional body, the Metropolitan Washington Airports Authority.
Originally, the Circuit Court held that the state government officials’ decisions regarding the issues related to the Dulles Toll Road were immune from judicial review. However, the Virginia Supreme Court reversed, holding that certain provisions of the Virginia Constitution that place limits on governmental action effectively waive any claim of sovereign immunity and leave the government officials subject to suit for violating those provisions of the Virginia Constitution.
The case was remanded to the Circuit Court for a trial on the issues raised.
Patrick M. McSweeney, of McSweeney, Crump, Childress & Temple, P.C., argued the case before the Virginia Supreme Court. Wes Russell and Kristie Haynes were on brief with Mr. McSweeney. (Court's Opinion)
*Case results depend on a variety of factors unique to each case. Past results do not guarantee or predict similar results in any future case.