A $400 million Tysons Corner tax district that makes up a key source of funding for the Dulles Rail project is constitutional and legal, a Fairfax County judge has ruled.
The decision provides officials a degree of confidence that the commercial tax district will stand up to legal challenge. Fairfax supervisors had asked for a circuit court judge to rule on the tax plan in June.
The district, encompassing a large swath of the land surrounding the new track, represents one of three major funding sources for the Metro extension’s first 11.6-mile phase.
The federal government has approved $900 million for the project, and the remainder of its at least $2.6 billion price tag will come from Dulles Toll Road proceeds. Airports officials plan to more than double tolls to help fund the rail.
Dulles Rail has weathered numerous lawsuits as opponents seek to halt a project they call wasteful and inefficient. Chris Walker, a commercial property owner in Reston, filed a federal lawsuit earlier this month challenging the use of toll revenue.
Fairfax County Circuit County Circuit Court Judge Stanley P. Klein’s ruling addresses only the tax district, and not the other two funding sources. County officials praised the decision.
“Fairfax County looks forward to continuing the collaborative effort between local, state and federal governments and the private sector to realize our long-term aspiration of bringing rail to the Dulles Corridor,” said Supervisors Chairwoman Sharon Bulova.
The first phase of Dulles Rail, set to open in 2013, will split off from past the East Falls Church Metro station and run to Wiehle Avenue in Reston. When completed, the track will run past Washington Dulles International Airport into Loudoun County.
