Toll opponents ask Va. Supreme Court to revisit case

Toll opponents ask Va. Supreme Court to revisit case

Credit: 13News Now

The Downtown Tunnel will be tolled beginning in February 2014.

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Associated Press

Posted on November 27, 2013 at 8:16 AM

Updated Wednesday, Nov 27 at 8:16 AM

NORFOLK (AP) -- Opponents of tolls on two Hampton Road tunnels are asking the Virginia Supreme Court to revisit their case.

In October, the justices ruled unanimously that tolls on the Midtown and Downtown tunnels are legally permissible user fees. The decision reversed a Portsmouth judge's ruling last May that the tolls were unconstitutional.

Media outlets report that toll opponents filed a petition Tuesday asking the high court for a rehearing.

The plaintiffs' lawyer, Patrick McSweeney, argues in the petition that their challenge was mistakenly treated as a challenge to traditional toll-setting. He says the plaintiffs challenged the profit the tolls will generate for the state's private partner.

The Department of Transportation and Elizabeth River Crossings signed a $2 billion agreement in 2011 to build and operate a second Midtown Tunnel.

Tolls are set to begin in February 2014.

AP-WF-11-27-13 1142GMT

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