My reading of the Supreme Court’s
recent Freeman decision concerning I-90 light rail prompted me to send the
justices the following email. I
decided to post it as others might be interested.
Dear Supreme Court
Justices,
I’m no lawyer but I believe
the Justices erred when they made the below finding in the recent Freeman
decision (page 14 of decision))
Such a determination was made here, as stated in
the Umbrella Agreement: "upon the completion of the R8A Project
and the completion of all the necessary obligations and actions
identified in this Agreement and the exhibits attached hereto, the Center
Roadway will no longer be presently needed for highway purposes."
CP at 1382.
They rejected appellants claims the facts do not
support WSDOT's assessment that the lanes are not presently needed with the
below finding (Page 19)
In this case, WSDOT considered numerous studies and engaged in extensive
planning, as identified in the Umbrella Agreement. Considerations included the
"I-90 Two-Way Transit and HOY Operations FEIS [(Final Environmental Impact
Statement)] and ROD [(Record of Decision)]; I-90 Two-Way Transit and HOY Access
Point Decision Report; WSDOT I-90 Center Roadway Study; East Link FEIS and ROD;
East Link/I-90 Interchange Justification Report; I-90 Bellevue to North Bend
Corridor 19No. 87267-8
Page 9 of the referenced document "I-90
Two-Way Transit and HOY Operations FEIS [(Final Environmental Impact
Statement)] and ROD [(Record of Decision)]; includes the following description
of the Preferred R8-A Alternative
Alternative R-8A will
provide HOV lanes on the outer roadways. It will retain the existing reversible
operations on the center roadway, with both lanes operating in the same
direction, westbound in the AM and eastbound in the PM. SOVs will only be
allowed to use the center roadway between Rainier Avenue in Seattle and Island
Crest Way on Mercer Island. The center and outer roadway HOV lanes will likely
operate with a 2 + occupants per vehicle restriction
Thus it is clear the
R-8A configuration, which adds an HOV lane to the outer roadway, does not make
the center roadway “not needed” for highway purposes.
Respectfully,
Bill Hirt
No comments:
Post a Comment