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In a message dated 4/5/2004 9:18:43 PM Eastern Standard Time, [EMAIL PROTECTED] writes:

> Opponents made the tired arguments about the State facing a 
> lawsuit (who? where
> are they gonna get the money?)

You sound like the suburban legislators who still don't understand how the road got 
built.  It is not that there will be a lawsuit, but that the state would have to go to 
Federal Court to get the speed limit changed.  So, the who and where are they going to 
get the money is the state and your tax dollars if they wanted to violate the 
settlement agreement and defy the court order that allowed the road to be built.  

There was a lawsuit, the basic argument was that building a freeway in that location 
would cost the abutting property owners in quality of life and resale value on their 
properties.  They stopped the construction of the freeway.  They had a reasonable 
chance for success in the lawsuit because the Federal Government's interest in 
completing a freeway from Mexico to Canada had been accomplished by the completion of 
35W (moving troops is the reason for Federal dollars in the highways).  Since there 
was no Federal interest in completing the road the state agreed to mediate the impact 
of the potential damages by reducing the speed limit and keeping trucks off of the 
road.  The citizens agreed to the State's offer and the Federal Court ordered that 
agreement.  

Attempting to go back on that agreement would be next to impossible, what is the 
compelling interest of the State in raising the speed limit?  The section has few 
accidents and as you have said delays traffic less than a minute.  How do you win in 
court? So, other than another republican scheme to waste tax dollars by attempting to 
mug an inner city neighborhood, there isn't a good reason to back out of the agreement.

J.M.O.N.T.O.A.O.M.E.P.P.O.F.

Chuck Repke
party to the lawsuit
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