Suit Seeks End of 91 Toll Lanes

Lawyers for the company that operates the controversial 91 Express Lanes will argue Tuesday for the dismissal of a potentially devastating lawsuit that seeks to open up the private toll lanes to nonpaying, public traffic.

In a case that could affect more than 100,000 daily commuters, critics of the toll road contend that the tollway is operating illegally.

Specifically, Riverside County officials say the California Department of Transportation broke the law when it allowed the 10-mile tollway to occupy the freeway median--land that critics say should be used only for public purposes. If the county wins, toll road opponents say it would allow the state to buy the lanes and convert them to public use.

The suit is just the latest attempt by Riverside County officials to oust the toll operation. Among those efforts was a 1995 suit that ended in a settlement, as well as a recent push to have the state appraise the toll operation for purchase by the government or a nonprofit group. The new lawsuit comes at a time of heavy frustration among Riverside County commuters, who say congestion has become chronic and threatens to worsen as the county’s population grows.

But before any such suit can go to trial, a judge must determine whether there is some validity to the case. Lawyers for both the 91 Express Lanes operator and Caltrans plan to argue at a hearing Tuesday in San Bernardino Superior Court that the case should be thrown out.

Among other claims, lawyers for California Private Transportation Co., the tollway’s owner, say that the lawsuit was filed too late to meet the statute of limitations and that it violates government separation of powers by asking the court to make “political” decisions.

They also say that the suit is simple harassment--one of a long string of Riverside County assaults on the toll operation and an abuse of the court system.

“This is a political lawsuit,” wrote lawyer Briane Nelson Mitchell in the motion to dismiss the suit. “Riverside’s complaint, which reads like a press release, is the latest volley in its long-running opposition.”

The suit names only Caltrans as a defendant, but toll road lawyers have been allowed to weigh in on the matter because the tollway is an interested party. Greg Hulsizer, the tollway’s general manager, said that issues outlined in the lawsuit have been raised unsuccessfully in previous court filings.

Riverside County officials filed the lawsuit in March, primarily at the urging of constituents who say congestion along the route has become unbearable.

Under the tollway’s franchise agreement, the state is barred from making improvements that would increase traffic capacity for many miles along the route and cut into the tollway’s profits. Safety modifications are allowed.

Lawyers for Riverside County say that they are confident of their case and that California Private Transportation is worried.

“The state just can’t violate the public trust by turning over public land to a private company at the expense of public safety and welfare,” Jeffrey Dunn said. “This route is the main lifeline between the two counties.”

The tollway, which cost roughly $140 million to build, is in Orange County. It is not part of the county’s public toll road network, however.

Many of the commuters who use the 91 Express Lanes are Riverside residents who work in Orange or Los Angeles counties. Although Orange County transportation officials have in the past considered helping Riverside in seeking improvements in traffic flow, relations have cooled since Riverside disclosed it was considering taking the tollway by eminent domain.

“We’re keeping a close eye on what Riverside County does,” said Michael Ward, vice chairman of the Orange County Transportation Authority. “I think it’s a bit of a stretch for Riverside to sue though.”

Controversy over the tollway has been intense, and increased even more last month when toll officials announced they were raising peak hour toll rates from $3.75 to $4.25. That was the second price increase this year and the sixth since the lanes opened four years ago.

The matter has become so heated in Riverside and Orange counties that the case was transferred to San Bernardino County to compensate for negative publicity.

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Toll Road Attacked

Riverside County is suing to open the 91 Express Lanes for public use.