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Lawsuit against Uptown line dismissed

We haven’t heard the last of this, of that you can be certain.

A judge has dismissed a lawsuit challenging a dedicated bus lane project in Houston’s Uptown area, but the ruling is not a final resolution of the dispute.

State District Judge Brent Gamble on Thursday dismissed the lawsuit filed by Cosmopolitan Condominium Owners Association against the Metropolitan Transit Authority. The dismissal did not specify why the lawsuit should not go forward, although Gamble indicated previously that unresolved questions made the lawsuit premature.

Both sides, however, said they viewed the dismissal as a step in their favor.

“It is my hope that now people will come together to make this the best project it can be,” said Metro chairman Gilbert Garcia.

Jim Scarborough, a Cosmopolitan resident and leader of the opposition to the bus lanes, said critics would have preferred that the judge halt the project. However, he said, the dismissal paves the way for Texas Attorney General Ken Paxton’s office to determine if another challenge is valid.

Because Metro’s 2003 referendum authorized the transit agency to build light rail rather than buses along Post Oak, opponents have challenged the use of Metro funds for the project. Paxton’s office was asked by State Senate Transportation Committee Chairman Robert Nichols, R-Jacksonville, to determine if the project violates what voters approved.

“We are pushing forward to the AG’s opinion,” Scarborough said. “There is no doubt in terms of our opinion what he is going to say.”

The dismissal by Judge Gamble received the case after another judge recused herself because of contact with a Metro lobbyist, is unlikely to end the opposition. Because Metro’s 2003 referendum called for light rail rather than buses along Post Oak, opponents have challenged the use of Metro funds for the project. That question has been posed to Attorney General Ken Paxton, who has not issued an opinion yet on the matter.

See here and here for the background. Judge Gamble received the case after another judge recused herself because of contact with a Metro lobbyist, which just adds a touch of absurdity to the whole thing. The irony of using the ballot language from 2003 to force the construction of light rail is not lost on me. Does Rep. Culberson know about this? I can’t figure out if this tactic makes the people behind this more clever than I might have thought, or just less subtle. I mean, we have all noticed that Metro isn’t actually paying for this construction, right? I don’t know why the 2003 referendum would even apply here, but then I’m not a super-genius like Andy Taylor, so what do I know? We’ll get that AG ruling in a few months, and one way or the other I expect we’ll wind up back in court. According to the story, the Uptown Management District hopes to have a contractor named by February; utility work along Post Oak began earlier this year and technical design of the bus lanes is expected within 60 days. Time is getting short to stop this.

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