Press Release August 6, 2009 - RESTON, VIRGINIA

The Dulles Corridor Users Group, which advocates for cost effective mobility, today filed a 15 count complaint in federal court in the District of Columbia asking for a refund of $200 million in past overcharges on the Dulles Toll Road (Virginia Route 267). The group also asks for tearing down the toll plazas and future operation of the former Toll Road as a free public highway.

"Route 267 is the only full time tolled highway in the DC area and has been fully paid for,” said Christopher W. Walker, founder of the Group. “It is not a cash cow for Dulles Rail, a subsidy for Dulles Airport, nor a source for upgrading western and southern access to Dulles, as the Metropolitan Washington Airports Authority intends. Virginia law requires cessation of tolls under these circumstances."

Route 267 is currently scheduled to have tolls rise to $23 a round trip to securitize $4 billion in bonds for Phases I and II of the Dulles Metrorail project.

"It is simply unfair to tax local residents and businesses to fund a regional facility”, said Walker. “Traffic studies forecast a continuation of today’s depressed conditions along the Corridor with no increase in traffic for 40 years due to the high tolls."

The suit asks the Court to enjoin the Airports Authority from raising taxes without the approval of either the General Assembly or voters at a local referendum. It also questions the legality of spending Toll Road money outside the Access Road right of way. 80% of the money for Phase I of Dulles Rail will be spent in Tysons Corner.

Full Funding Grant Agreement (3MB)

Dulles Rail Federal Complaint (750KB)

Exhibits

Exhibit List (1.5MB)

Exhibit A (20MB)

Exhibit B (2.3MB)

Exhibit C (5.4MB)

Exhibit D (7.5MB)

Exhibit E (4.5MB)

Exhibit F (1.9MB)

Exhibit G (4.2MB)

Exhibit H (1.5MB)

Exhibit I (1.3MB)

Exhibit J (8.6MB)

Exhibit K (2.2MB)

A challenge to the Bond Validation of the Phase I Dulles Rail tax district is also pending; see pleadings below. Fairfax County has passed on its obligation to guarantee $400 million in Tax District bonds to the Fairfax County Economic Development Authority, whose charter does not speak to urban rail systems.

Motions Filed August 10, 2009

Motion for the Appointment of Special Counsel (28KB)

Answer - Objection to Consolidation (24KB)

Defendant's Demurrer/Motion for Summary Judgment (23KB)

Supplemental Pleading in Dulles Rail Phase I bond validation proceeding (42KB)

2009-10487 - Bond Validation Appeal (586KB)

2009-2083 - Notice and Tax District Appeal (1.5MB)