Class action suit against Mass Pike fails to attach assets, but goes on

Attempts to "attach" the assets of the Massachusetts Turnpike by class action attorney Jan Schlichtmann have been denied. Superior Court judge Herman Smith said in a decision that Schlichtmann had made no credible estimate of the potential compensation needed, had failed to show that the Turnpike couldn't pay, or that the state wouldn't back it up.

The class action suit which will continue despite this setback is based on an excellent website - http://www.tollequitytrust.com/ - and a stream of publicity. It argues that the use of Turnpike tolls to support the untolled elements of the Big Dig, notably the Thomas P O'Neill Tunnel and Zakim Bridge on I-93 is illegal and unconstitutional. The tolls are concentrated on east-west I-90 and two harbor tunnels, whereas the Big Dig financed by federal grants and by the Turnpike without tolls principally serves north-south traffic and generates no revenue.

State legislation passed in 1997, and unchallenged until now, allowed the project to proceed on this basis. Schlichtmann, a wellknown class action lawyer has gathered about 1800 plaintiffs for the law suit which claims that tolls used for purposes other than for the financing and upkeep of the road on which they are levied are "taxes"  and hence are are illegal and unconstitutional.

The complaint is here:

http://www.tollroadsnews.com/sites/default/files/Complaint.pdf

TOLLROADSnews 2009-06-12