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In a message dated 3/3/2004 10:32:12 PM Central Standard Time, 
[EMAIL PROTECTED] writes:


> To call that stretch of the freeway a "PARKWAY" is laughable, you may as 
> well 
> say snow is hot.  You can legislate a speed limit, but drivers decide the 
> speed.  People vote with their feet on this subject everyday, their right 
> feet.   
> Reckless driving is one thing but I'm here to say there's no shame in 
> driving 
> 55, even 60, on 35E.  Let's call it civil disobedience.

As one of the folks who put their homes at risk (yes those of us who signed 
as parties to the law suit had to be home owners so that the state could go 
after our property for damages if we lost) during the court challenge to 35E, I 
agree that the court settlement left us not much of a PARKWAY.  But, we take 
some solace in the fact that it is somewhat better than what the suburbanites 
and chamber advocates wanted.  The basic issue here is, was, and always shall be 
what are the rights of property owners when a government project such as a 
freeway has the potential to damage their property values by making their homes 
less livable.  What are/were the environmental impacts in placing a freeway in 
the middle of a neighborhood, and what are the reasonable controls that can 
be put on the project to mitigate those damages.   

To complete the Federal desires of a national freeway system linking coast to 
coast, 35E didn't have to be built.  The road from Canada to Mexico was built 
through Minneapolis when the suit was brought.  Therefore there was no 
Federal interest in completing a parallel spur through Saint Paul.  

The Lafayette Bridge was already built and the desire of the state to have a 
spur through St. Paul could have been accomplished by having 35E run jointly 
along 494 to 52 a distance of only a few miles.  

So, given that the need to build this link was at best questionable, we, 
(RIP35E) those who thought the fight was worth risking our homes over, believed 
that there was at least some chance of winning in court and not having the road 
built at all.  But, one never knows what will happen in court, so the PARKWAY 
was the compromise settlement that was agreed to by the State of Minnesota and 
the litigants.  This is not a legislated speed limit and truck restriction, 
this is a court ordered settlement that allowed the road to be built.  I don't 
think the issue is in the hands of the legislature.  

Chuck Repke
Party to the law suit
West Seventh Street
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SPPS Budget Reduction Forum - Feb. 23-27
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