Court Lets Suit Over Express Lanes Continue

The state Supreme Court this week refused to dismiss a lawsuit contending that privately owned toll lanes on the Riverside Freeway were built illegally and should be opened to all drivers.

The suit, filed by Riverside County in March, alleges that the California Department of Transportation broke the law when it allowed the 10-mile tollway to be built on the freeway--land the county says should be reserved for the public.

Caltrans and California Private Transportation Co., which owns and operates the lanes, have argued that the courts do not have the right to overturn the deal, which was struck more than a decade ago by Caltrans and the state Legislature.

The state cleared the way for four private ventures on freeways in 1989. To date, two have been abandoned and one still lacks permits. Only the 91 Freeway express lanes are operating. Cars driving the lanes must use a transponder that electronically bills the motorist’s account.