A Richmond Circuit Court judge is expected to rule by the end of the week whether a lawsuit that would halt the transfer of the Dulles Toll Road will go to trial.
If successful, the suit would stymie a major source of funds for extending Metrorail 23 miles to Dulles Airport and complicate an already severely delayed rail project. Judge Margaret Spencer this week also could opt to toss out the case.
The lawsuit would prevent the commonwealth from ceding the toll road to the Metropolitan Washington Airports Authority, which would use the revenue to pay for a large part of the Dulles Corridor Metrorail Project.
MWAA, an interstate agency that operates Dulles International and Reagan National airports, is also slated to take over management of the entire $4 billion rail expansion. MWAA now is leading closed-door negotiations with two firms to construct much of the new track.
The agency has repeatedly refused to disclose even minor details of the project while the negotiations are under way. MWAA also claims complete exemption from the Freedom of Information Act, a claim that has been disputed.
Northern Virginians Patrick Gray and James Nagle filed the suit earlier this year against a handful of state transportation officials and agencies. The 24-page complaint argues the commonwealth does not have the authority to transfer its assets without the consent of the General Assembly.
Attorney Patrick McSweeney, who represents Gray and Nagle, expects a decision could come as early as Wednesday.
