Metro Washington Airports Auth legit running tollroads, building railroad -VA AG

May 31, 2012
By Peter Samuel

The Metropolitan Washington Airports Authority's control over the Dulles Toll Road and its sponsorship of the $5+ billion Dulles Rail project is legitimate according to a 9-page official opinion by Virginia attorney general Ken Cuccinelli.

"It is my opinion that, although the issue has not been conclusively resolved, under the only available precedent, the Governor was authorized to divest the Commonwealth of its interest in the Dulles Toll Road as part of the overall project to extend Metrorail. The agreements between various parties control the circumstances under which Virginia can regain control over the project and void the MOU. It is further my opinion that the assent of all parties to the MWAA Compact was not required for MWAA to operate the Dulles Toll Road."

Cuccinelli was responding to a request from Delegate Robert G Marshall for an opinion on the legality of the state Governor ceding control and revenues of the Dulles Toll Road to MWAA without the concurrence of the legislature.

The attorney general is not known for being a supporter of MWAA and has sued the 4-government agency for breach of state laws against contracting for union-only labor. That makes his endorsement of the legality of its control and use of the Dulles Toll Road more of a victory.

see

http://www.oag.state.va.us/Opinions%20and%20Legal%20Resources/Opinions/2012opns/11-004%20Marshall.pdf

TOLLROADSnews 2012-05-30

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