Judge: Midtown Tunnel Toll Deal Is Unconstitutional | Hamptonroads.Com | Pilotonline.Com 5/2/13 1:23 PM

Judge: Midtown Tunnel toll deal is unconstitutional | HamptonRoads.com | PilotOnline.com 5/2/13 1:23 PM

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HOME » NEWS » TRAFFIC - TRANSPORTATION Judge: Midtown Tunnel toll deal is unconstitutional

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By Dave Forster The Virginian-Pilot © May 2, 2013 PORTSMOUTH A judge ruled Wednesday that the state's $2.1 billion public-private Midtown Tunnel deal and its tolls are unconstitutional, throwing uncertainty over a project that is months into construction, and setting the stage for an appeal. The decision from Circuit Judge James A. Cales Jr. thrilled the dozens of residents who began to 1 OF 5 PHOTOS: Terry Danaher hugs Portsmouth organize more than a year ago to kill a project they Mayor Kenny Wright on Wednesday, May 1, 2013, deem unfair and punitive for commuters and after Circuit Judge James A. Cales Jr. ruled in favor of the toll opponents, saying the General Assembly businesses. exceeded its power to delegate its authority to set the tolls. At right is attorney Patrick McSweeney. "We did it," said Portsmouth resident Terry (Steve Earley | The Virginian-Pilot) Danaher, a leader of the group, as she hugged View all 5 photos | Buy Pilot photos Mayor Kenny Wright. TRAFFIC CAMERAS Cales said in his ruling that the General Assembly Daily Deal | | Promote your business Live views of highways, tunnels exceeded its authority in giving VDOT "unfettered and bridges around Hampton power" to set toll rates under the 1995 Public- Roads Private Transportation Act. The decision was a TOOLBOX blow for Gov. Bob McDonnell and Attorney General Ken Cuccinelli, whose office defended VDOT RELATED Print against the lawsuit. Elizabeth River Crossings reports tunnel Email improvements - Apr. 15, 2013 McDonnell, who has lauded the tunnel project as VDOT partner releases info on Midtown meeting a critical need for the region, said in a subcontractors - Mar. 29, 2013 statement that the state believes its position is Midtown tunnel operators shield names of SAVE & SHARE contractors - Mar. 17, 2013 legally correct and will appeal the decision. Cuccinelli spokesman Brian Gottstein said in a Delicious Portsmouth council set to give $50,000 to tolls lawsuit - Feb. 14, 2013 statement that if the ruling stood, it would threaten Digg Tunnel operators keep close tabs on public the state's ability to use public-private partnerships sentiment - Feb. 3, 2013 to build major projects - an increasingly common Reddit approach in Virginia and other states. Facebook POLL Aubrey Layne, a member of the governor- Do you agree with the judge's ruling that the state’s appointed Commonwealth Transportation Board, a Twitter public-private Midtown Tunnel deal and its tolls are unconstitutional? policy-setting and revenue-allocating body, said the ruling sounded so broad as to jeopardize every toll Google Yes, I agree with the judge road in Virginia. Yahoo No, I don't agree with the judge http://hamptonroads.com/2013/05/judge-midtown-tunnel-toll-deal-unconstitutional Page 1 of 35 Judge: Midtown Tunnel toll deal is unconstitutional | HamptonRoads.com | PilotOnline.com 5/2/13 1:23 PM

Not sure Patrick McSweeney, an attorney for the plaintiffs, predicted the case would hurt the state's credit Vote rating and said it calls into question future use of Background the Public-Private Transportation Act. McSweeney View results | Vote in more polls successfully argued several years ago that a legislative attempt to create regional taxing authorities was unconstitutional, killing that plan. Work on the Midtown Tunnel project will continue, said Tamara Rollison, a VDOT spokeswoman. The state plans to ask for a stay on Cales' ruling, keeping it from taking effect while an appeal is filed, McDonnell said in his statement.

If Cales doesn't grant the stay, the defendants can seek one from the Supreme Court of Virginia, McSweeney said. For the appeal, a panel of three justices must agree to send the case to be heard before the full seven-member Supreme Court, he Find. Do. said. Tag. Share. Cales, a retired judge whose career in Portsmouth spanned more than 40 years, heard 3-1/2 hours of what where FIND arguments from the lawyers as a full courtroom of about 60 watched. Members of the crowd, Popular Searches composed primarily of plaintiffs and their supporters, snickered at the beginning of the hearing at the size of the defendants' legal team - six or seven attorneys compared with two for the plaintiffs.

Cales occasionally questioned the attorneys during their arguments. In one instance, he asked a FIND US ON FACEBOOK lawyer for Elizabeth River Crossings, the state's private partner on the project, whether the free alternative routes he showed for people who didn't want to pay a toll at the tunnels were reasonable. A PilotOnline.com - The Virginian- slide from the attorney, Stuart Raphael, measured the distance to the High-Rise Bridge and the Pilot Gilmerton Bridge in straight lines - as the crow flies - rather than the distance by road. Like Cales said there was no dispute that those were alternative routes, but he asked whether Raphael thought they were reasonable. The judge noted later that it wasn't for someone like him, if he were to 12,018 people like PilotOnline.com - The Virginian- commute from his house in the Portsmouth neighborhood of Glenshellah to West Ghent in Norfolk. Pilot. "They're not really reasonable alternatives," Cales said. "You know that. I know that. Everyone knows that." Raphael countered that legally, convenience doesn't matter, and that what might not be reasonable for one person may be for another. Elizabeth River Crossings took over operations of the tunnels last July. Under the terms of its deal with VDOT, the company is to maintain and operate the tunnels for 58 years. They also are overseeing construction of a second Midtown tube, renovations of the existing tunnels, and the extension of the Clinical Research Coordinator Martin Luther King Jr. Freeway to Interstate 264. Norfolk, Virginia Virginia Oncology Associates Electronic tolls are set to start on the tunnels on Feb. 1, 2014, and on the freeway extension when it's finished. The tunnel tolls for passenger vehicles will cost $1.59 during off hours and $1.84 during Conventional Machinists and Industrial Mechanics weekday rush hours, defined as from 5:30 to 9 a.m. and from 2:30 to 7 p.m. Trucks will be tolled $7.36 Hampton, Virginia Craft Industrial Inc. during peak hours. RN/LPN Private equity, more than $400 million in state money, a federal loan and bonds are helping fund the Hampton Roads, VA MAXIM HEALTH project. The private partners are authorized to earn an annualized rate of return of 13.5 percent on their CARE

$272 million investment. More jobs The plaintiffs, nearly 40 residents and businesses in all, were from across South Hampton Roads, but the center of the opposition was in Portsmouth. Its City Council was the only one that took an official stance against the project, deciding this winter to reverse its reluctance to get involved financially and approve a $50,000 public contribution to the plaintiffs' legal bill.

Wright said he hoped Cales' decision "sends a message to the rest of the region and the rest of the commonwealth." "Even small cities," he said, "when they're right, they're right."

Greg Woodsmall, CEO of Elizabeth River Crossings, deferred questions about the future of the project to his attorney. The company has spent $348 million as of March 31, the majority going to its design- build contractor, a partnership of Skanska, Kiewit and Weeks Marine, according to its recent monthly http://hamptonroads.com/2013/05/judge-midtown-tunnel-toll-deal-unconstitutional Page 2 of 35 Judge: Midtown Tunnel toll deal is unconstitutional | HamptonRoads.com | PilotOnline.com 5/2/13 1:23 PM

report. Raphael said the company remains committed to delivering the project on schedule. Dave Forster, 757-446-2627, [email protected]

_____ TRANSCRIPT OF JUDGE'S RULING

To print the document, click the "Original Document" link to open the original PDF. At this time it is not possible to print the document with annotations.

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IM NOT OPPOSED TO TOLLS AS

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Submitted by kb1800 on Wed, 05/01/2013 at 3:53 pm. Im not opposed to tolls as long as they are reasonable. We have to pay for these projects some how. But for those of you who are totally against tolls, how do you expect these projects to get done? Your probably the very ones who complain about sitting in traffic, but you want better roads and want someone else to pay for it. Well its not going to happen.

DON'T BE SO SURE Submitted by 895000 on Wed, 05/01/2013 at 4:00 pm. Remember that the elaborate highway system in the rural western part of the state was paid for by general state funds, not by local partnerships with private foreign concerns.

WHILE I'M "PARTYING".... Submitted by Art Director on Wed, 05/01/2013 at 7:18 pm. All you good workaday Republicans who will be negatively affected by this toll scheme should call, write, or email the Attorney General and let him know that YOUR VOTE for him as governor will hinge greatly on HIS further actions in this court case. Maybe that will wake him up a bit from his dreams of becoming a "higher power".

"ELABORATE HIGHWAY SYSTEM"? Submitted by jeffersonian1 on Thu, 05/02/2013 at 9:30 am. What in the world are you talking about? Unless you're talking about the Eisenhower Interstate Highway System, which was paid for with federal funds, I'm mystified. Although I live in northern Virginia, I've been driving (or have been driven) in western Virginia for 50 years, if there's an elaborate highway system down there please tell me where it is because I've wasted countless hours on back roads, curvy mountain roads and roads that are about 1 and 1/2 lanes. I'm all for a statewide transportation fix that addresses the needs of all Virginia's regions (not a McDonnell favoritism for friends boondoggle). Demonizing one region won't get the job done.

MY OPPOSITION Submitted by r.hodges on Wed, 05/01/2013 at 4:00 pm. My opposition for the tolls were always based on the routes they were tolling. For instance, Richmond has the Powhite Pkwy which is tolled, but they have other routes you can take that are only 15 or so minutes out of the way of the Powhite. In this instance, you have tolling for both the DTT and MTT, 2 routes to Portsmouth from Norfolk. There is also the privately tolled Jordan Bridge. In order to have a route without tolls, you pretty much have to drive around 64 to the beginning of 664 to hit 264 & 164 to get anywhere in Portsmouth, almost an hour out of the way. A $2 or $3 on the MTT would have been a better option, giving us the option to either sit forever in the untolled DTT or take the MTT with less traffic for a price.

I SUSPECT JUST TOLLING THE Submitted by iwonder on Wed, 05/01/2013 at 4:46 pm. I suspect just tolling the MTT wouldn't cover it and they wanted to capture as many as they could. I think the point you make, about how out of the way you'd have to go to avoid a toll, when

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both tunnels were tolled, was seen as an advantage to them. They don't want you to have an easy alternative to paying the toll. Seems cynical, but I think they had to make the revenue work, even if it was at community inconvenience and protest.

THAT'S EXACTLY RIGHT. IN Submitted by Cathleen on Wed, 05/01/2013 at 7:13 pm. That's exactly right. In the end, the judge stated that tolling the Downtown was about garnering more revenue. He seemed to understand that the alternative routes were not "reasonable" alternatives. If it takes you twice as long and costs more in gas, a driver might be inclined to pay the toll if it's less. I believe that's exactly what ERC had in mind...a captive clientele.

BETTER LATE THAN NEVER Submitted by Warwagon1 on Wed, 05/01/2013 at 5:13 pm. Keneth Wright basketing in victory. The truth is if he would have excerised some initiative and voiced opposition to tolls sooner maybe there would not be a need for a lengthy and expensive court battle. He was quoted early on as saying that tolls may not be such a bad thing for Portsmouth.

I EXPECT THAT WE DON'T Submitted by Esau on Wed, 05/01/2013 at 4:01 pm. I expect that we don't negotiate deals that take a project that should cost $2.2 billion, and pay $58 billion for it over 60 years via tolls; that give private investors guaranteed profits of 13%, guaranteed annual toll increases, non compete clauses, etc. Are yoiu the one that complains about the gas tax being raised a penny?

YOU HIT THE NAIL ON THE HEAD. MY OBJECTION WAS PAYING Submitted by henry on Wed, 05/01/2013 at 7:17 pm. a private company $58 Billion for a $2.5 Billion project WITH a Guaranteed return of 13% to 15%. I am absolutely sure that in today's economy with low returns on Certificates of Deposit and treasury bonds that the state of Virginia could sell tax free state bonds to Virginians at 6% to 7% and have no problem selling them. If there's going to be a ton of profit on this deal why not offer that to Virginians first and others second? How does giving a ton of money to huge a corporation benefit the Virginia Citizens of Hampton Roads?

KB 1800 YOU ARE MISSING THE BIG POINT IN ALL OF THIS - YOU BET Submitted by cigim94543 on Wed, 05/01/2013 at 4:03 pm. we want road maintenance and better roads and tunnels - we are willing and eager to finance these projects but not at the expense of crippling the localities financially. So stop your assumptions - Had VDOT been maintaining as they have ben financed we would have better roads and be able to afford the third crossing without bringing in the big investors. look whats happened over on the Jordan bridge. Now that won't be the case with the tunnels. CONGRATULATIONS To Out neighbors for orchastrating this accomplishment against big brother.

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COMMENT DELETED Submitted by admin (staffer) on Wed, 05/01/2013 at 4:04 pm. Comment removed for rules violation. Reason: Post continued, repeated

FIX THE ROADS Submitted by Chris33 on Wed, 05/01/2013 at 5:15 pm. Raise the gas tax, fix the roads. It's not rocket science.

SOMETIMES, IT "IS" ROCKET SCIENCE! Submitted by Art Director on Wed, 05/01/2013 at 6:12 pm. It might take a "rocket scientist" to figure out where the money went. We differ on taxing, because I firmly believe that gas and other taxes that were supposed to be dedicated to building and maintaining our roads have been siphoned off into non-road projects as well as wasted by VDOT. The state has been a very bad steward of our tax monies and we should not be tolled on old infrastructure which has already been paid for. Why do liberals always want to raise taxes instead of cutting out wasteful spending by the cities and the state?

YOU MEAN? Submitted by bfoster35 on Wed, 05/01/2013 at 6:43 pm. The Liberal Gov. Bob McDonnell-R that wrote, negotiated and finalized this horrible deal for the people of his state?

SURPRISE! Submitted by Art Director on Wed, 05/01/2013 at 7:07 pm. As a matter of fact, I DO! I belong to neither party, and there is plenty of blame to go around for both. Bob a liberal? By golly, I think you're onto something there.

REALLY? Submitted by ForrestFreeman on Thu, 05/02/2013 at 7:30 am. You don't think Obama will just give us the money to fix the roads?

YOU MEAN LIKE EISENHOWER Submitted by jeffersonian1 on Thu, 05/02/2013 at 9:32 am. You mean like Eisenhower built the Interstate Highway system? By the way, check the tax rates when Eisenhower was President.

HEH HEH!!

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Submitted by passionatelee on Thu, 05/02/2013 at 11:23 am. Stop making them think and research. It's hazardous to their worldview.

COMMENT DELETED Submitted by admin (staffer) on Wed, 05/01/2013 at 4:04 pm. Comment removed for rules violation. Reason: Post continued, repeated

EXACTLY .....WHO IS GOING TO PAY FOR THE SERVICES? Submitted by streetglide on Wed, 05/01/2013 at 5:01 pm. Tolls are the most equitable solution. This is not rocket science. We currently have no tolls in HR and the roads are sub standard. Tolls will make things more feasible. The shameful leadership at VDOT screwed this up. Poor PR and very bad communication with the public.

NO TO TOLLS Submitted by zee61 on Wed, 05/01/2013 at 5:29 pm. So many people posting here have no idea what it used to be like around Tidewater when there were tolls on both the Midtown and Downtown Tunnels as well as the Va Beach Expressway ( I- 264 ). The promise was that when those projects were paid for, the tolls would be removed. Well, guess what, they're paid for and the tolls are removed. Now the do gooders want to charge us again,...again and again. NO ! NO! NO! more tolls ! Look at the money VDOT wastes every single year. That's where you start to find the money.

DON'T FORGET THE HRBT Submitted by bootman on Wed, 05/01/2013 at 7:14 pm. Don't leave out the toll on the HRBT. I understood the tolls also came off to end the massive backups in all tolled locations. The traffic hasn't diminished that I can see.

HRBT TOLLS Submitted by doobrah on Thu, 05/02/2013 at 9:45 am. The tolls ended on HRBT when the facility was incorporated into the interstate system. At that time, and in the 1980s when the Downtown Tunnel was incorporated into I-264, the federal government did not allow tolls on the interstate system, so the tolls went away. That's how the state was able to get away with charging a toll on Route 44; it wasn't legally a federal interstate, just a state route built to interstate standards.

I THINK I SPEAK FOR THE SILENT MAJORITY Submitted by HowardHessmaniac on Wed, 05/01/2013 at 5:57 pm. It's "you're."

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SO IT'S OKAY Submitted by Charles Rhodes on Wed, 05/01/2013 at 6:46 pm. to use my taxes for the western part of the state to pay for their roads yet I have to pay additional taxes for a tunnel I already paid for in my taxes? Yes, a toll is a tax, not a use fee, no matter how Cuccinelli twists the terms.

When the major road projects in all of the rest of the state are tolled appropriately then I will gladly accept the tolls. But don't expect the whiners in Roanoke to accept tolls.

THERE WILL BE NO IMPROVEMENT Submitted by Cathleen on Wed, 05/01/2013 at 7:05 pm. There will be no improvement in traffic congestion with the addition of a tube at the Midtown Tunnel. It all feeds into a four-lane street with a traffic light a short distance from the egress of the tunnel. Most drivers use either tunnel but not both, so there will be no resulting decrease in traffic at the Downtown. We will just have to pay for the privilege of sitting in the same traffic as always. I think there would be fewer complaints if there was also going to be an expansion at the Downtown but that is not the case.

YOU ARE CORRECT Submitted by doobrah on Thu, 05/02/2013 at 9:47 am. Transportation engineers know that expanding the Midtown Tunnel without additional expansion of city roads just moves the bottleneck somewhere else. It does not alleviate congestion.

895 TOLLS Submitted by jjackson on Wed, 05/01/2013 at 4:02 pm. How can these tolls be unconstitutional as determined by one biased judge when Pocahontas Parkway Rt. 895 have been paying tolls since it was built and is now owned by an Australian company for profit? BTW the toll is $3.00

The state will prevail. Wonder how much the "retired judge" is getting for his decision? Retired judges should not be allowed to sit on the bench. They are retired and that means what it says.

YES Submitted by r.hodges on Wed, 05/01/2013 at 4:09 pm. But there are other non-tolled routes in Richmond that will get you to your destination, maybe just 10-15minutes later. We do not have that in this situation with the DTT and MTT.

NON-TOLLED Submitted by jjackson on Wed, 05/01/2013 at 5:40 pm. Really other roads in Richmond that are non-tolled that will get you where you're going? Please tell me as I lived there 50+ years and never discovered them. Powhite Parkway tolled, downtown expressway tolled, 895 tolled. Me thinks you Hampton Roads people want others to pay for your roads and tunnels. I hope that never happens. Virginia should just not build anything in HR if they don't overturn the judges verdict on appeal.

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0 or 16

RICHMOND ALTERNATIVES Submitted by Pope Urban II on Wed, 05/01/2013 at 6:17 pm. For one, my inlaws live off Forest Hill and it is actually faster to take 64 to Belvediere across the free Lee Bridge than 895. There are also free bridges ay 9th, 14th, and Huguenot... or the Nickel Bridge for a whopping $0.35. If you are really from RVA, you need to invest in a map.

SUSPICIONS? Submitted by Art Director on Wed, 05/01/2013 at 6:21 pm. I strongly suspect that any judge who OVERTURNS this decision is the one on somebody's "payroll", jjackson. WE have already PAID for these two tunnels, and we should not have to pay 58 BILLION DOLLARS for one more lousy tube at our Midtown Tunnel. There are honest ways to pay for it, but tolling the Downtown tunnel is outright theft the way it is currently contracted.

YES Submitted by bfoster35 on Wed, 05/01/2013 at 6:48 pm. Building nothing would be better than a 22 billion dollar tunnel that doesn't help traffic.

I DON'T EVEN LIVE THERE AND Submitted by Cathleen on Wed, 05/01/2013 at 6:56 pm. I don't even live there and I can avoid tolls all over Richmond with little delay or additional cost in gas. The fact is that, with these being the only tunnels between the two cities, to avoid them would truly require someone to drive 10-20 miles more and an extra half hour or so simply to arrive at a destination that is only 3 miles and 5 minutes from home.

THE POPE JUST SMACKED YOU Submitted by Sullytown on Thu, 05/02/2013 at 8:57 am. The pope just smacked you down. Go back in your hole.

JUST BECAUSE Submitted by oldsarge3111 on Wed, 05/01/2013 at 4:19 pm. it was done somewhere else doesn't mean it constitutional, it may not have been challanged. How do you Know the Judge is Biased? As far as other things in this area being owned by a private/public group and charging tolls there is the Chesapeake Bay Bridge/Tunnel.

CBBT Submitted by bfoster35 on Wed, 05/01/2013 at 4:50 pm.

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Chesapeake Bay Bridge Tunnel started as a private group and added a state appointed board for operations. ALL construction is covered by tolls only. There are no state funds appropriated for the CBBT.

FYI...CBBT SELLS REVENUE BONDS... Submitted by worldview23451 on Wed, 05/01/2013 at 5:27 pm. Take a look at their own website...CBBT sold revenue bonds to cover construction costs...expanding projects for the most part as well. Bonds are rated and sold in the private market and provide a return on investment.

AND SELLING TAX FREE STATE BONDS FOR THIS PROJECT WOULD BE Submitted by henry on Wed, 05/01/2013 at 9:15 pm. easy in today's low interest rate market and I think that's how this project should have been financed. I just want to know who in state government is to benefit from this gigantic giveaway. I think we need to have a national and a state law that prevents federal and state workers from going to work for an industry they formerly regulated for a period of 10 years. The only way I can see that this giveaway was negotiated is that the negotiators have been promised plum jobs when they leave the state payroll or have been given stock options in any of the many corporations that make up the consortium that is to manage the project.

IF THEY COULD OF THEY WOULD OF Submitted by worldview23451 on Thu, 05/02/2013 at 8:38 am. simple as that.

THE 895 TOLL HAS GONE UP TO $3.25 Submitted by sonores on Wed, 05/01/2013 at 4:20 pm. For peak time. $3.00 for non-peak time.

NON-PEAK Submitted by jjackson on Wed, 05/01/2013 at 5:37 pm. $2.75 for non-peak that few need to use the road. It doesn't matter I don't mind paying it as it saves time and money in gas.

THEN I BET YOU DON'T HAVE TO Submitted by NewEnglandpatsfan on Thu, 05/02/2013 at 7:12 am. Then I bet you don't have to use it twice a day five days a week and worry about the toll going up every single year, or your pocketbook can afford it. Midtown and downtown tunnels are used by working class folks. They don't have an endless stream of funds to enable them to absorb what could end up being an additional 100 bucks a month in a very short time. I think people would eventually vote with their feet and move so they would not have to pay for their daily commute. Businesses might relocate if it becomes too much of a burden for them to pay the tolls. I for one would stop going to McArthur mall as often, would the trip be worth the $4.00 http://hamptonroads.com/2013/05/judge-midtown-tunnel-toll-deal-unconstitutional Page 10 of 35 Judge: Midtown Tunnel toll deal is unconstitutional | HamptonRoads.com | PilotOnline.com 5/2/13 1:23 PM

round trip in tolls plus parking? The little people are getting the shaft.

NOT THE SAME SITUATION Submitted by volkss on Wed, 05/01/2013 at 5:04 pm. They were planning on tolling one tunnel to pay for another project elsewhere. Thus turning it into a tax. In your situation the tolls pay for that road only. It is not paying for other projects elsewhere. Think of it this way, toll a road to pay for a road in the other side of the state. Not fair right? Same scenario here.

LET ERC BUILD THEIR OWN TUNNEL - CHARGE WHATEVER THEY WANT. Submitted by 2WildBill2 on Wed, 05/01/2013 at 10:51 pm. jjackson "Pocahontas Parkway Rt. 895 have been paying tolls since it was built and is now owned by an Australian company for profit? BTW the toll is $3.00" As others stated the above parkway is a TOTALLY private enterprise. Let Elizabeth River Crossings build their OWN tunnel, pay for it 100% and charge whatever they want ---- See how that works out

APPLES & ORANGES Submitted by Cathleen on Wed, 05/01/2013 at 6:48 pm. I believe the Pocahontas Parkway is a totally private enterprise and they can charge what they want. It is like the Jordan Bridge or the Dulles Greenway. This is entirely different. What was decided is whether a public-private project that includes state funding can be tolled/taxed by an unelected entity ie: VDOT and/or ERC. The judge said no. There is also a question as to whether Downtown Tunnel drivers should have to pay to build a Midtown Tunnel that they are not using. Can't be considered a user fee so it must be a tax. Taxes can only be imposed by elected officials who are held accountable.

RETIRED JUDGES NO CONFLICT Submitted by jeffgordongirl on Thu, 05/02/2013 at 10:36 am. The majority of retired Judges are called back to hear cases for various reasons. In this case, the Judge was approved before the case began so both sides agreed so there is no conflict. The Judge did an outstanding job and handled this the way it should have been handled. There was no need for this lawsuit in the first place. Tolls are not the way to go and are only going to increase delays and backups at the DTT and MTT. Out of towners are going to see toll signs and then no toll booth and they are going to be completely confused not knowing how to get thru/pay, etc. Small win for the little people and one step in the right direction.

PUBLIC PRIVATE PARTNERSHIPS STRUCK DOWN IN VIRGINIA Submitted by worldview23451 on Wed, 05/01/2013 at 4:05 pm. This should be interesting.

INTERESTING, INDEED!

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Submitted by Art Director on Wed, 05/01/2013 at 6:25 pm. I honestly do not believe that there has EVER been a public-private partnership where the taxpaying public didn't get the rotten end of the "carrot".

REASONABLE...NOT A PROFIT TOLLS Submitted by SuffokResident on Wed, 05/01/2013 at 4:09 pm. A for profit toll with a guarantee profit off the tax payer back is NOT in our (Virginia’s or Hampton Roads) best interest. This Mctoll is for a profit only that guaranteed to be raised yearly with or without the state approval or ours. McToll may not get his kick backs now. VDOT should do bonds as the always have to fund the project and put a reasonable toll, look at the Jordan bridge, the value is not there either for $2.00.

WILL CHESAPEAKE EXPRESSWAY BE TOLL FREE TOMORROW? Submitted by worldview23451 on Wed, 05/01/2013 at 4:12 pm. I see many a toll coming down in Virginia tomorrow.

JORDAN BRIDGE Submitted by bfoster35 on Wed, 05/01/2013 at 4:47 pm. The Jordan Bridge is Private. It will remain tolled. They have lowered the toll to $1.00 however.

$1.00? Submitted by jettyhop on Wed, 05/01/2013 at 6:28 pm. Jordan Bridge is a dollar? Since when? It was $2.00 last I heard.

JORDAN BRIDGE Submitted by bfoster35 on Wed, 05/01/2013 at 6:57 pm. The toll was lowered during a week long closer of the Gilmerton bridge in late January. They have decided to keep it that way while they study the revenue and try to get the numbers up.

ONLY TEMPORARY Submitted by Cathleen on Wed, 05/01/2013 at 6:39 pm. I believe that is a temporary decrease to lure drivers to the Jordan Bridge. They have not had the usage they hoped with a $2 toll. It will probably return to $2 if they start tolling the Midtown and Downtown Tunnels. Hopefully after today, that won't happen.

ONCE TOLLS DO GO IN...... Submitted by Yellowspine on Thu, 05/02/2013 at 9:55 am.

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The tolls will go in at the tunnels. This is just a set back but it will eventually happen. They will keep the Jordan Bridge at $1 and undercut the toll at the tunnels. This will drive more traffic over the Jordan Bridge. I love the Jordan Bridge at $1. Cuts 15-30 minutes off my commute. But then again, moving to Greenbrier in 2 weeks. So peace out P-Town!

A CONSTITUTIONAL VICTORY Submitted by jettyhop on Wed, 05/01/2013 at 4:13 pm. What you are witnessing here is a siding that reflects more of the questionable character of our very own governor. There's been little too much swagger coming out of Richmond lately. I applaud this decision for recognizing a fact that anyone could see plain as daylight, that this was foisted upon us illegally. McDonnell is crook, he will go down in history as a crook.

A CONSTITUTIONAL VICTORY? YES Submitted by Achilles II on Wed, 05/01/2013 at 5:11 pm. Crook? No. I believe the Governor is wrong on this issue, plain and simple. There was enough money in the State's budget to fund this project. All he had to do was abolish State services that are not necessary. Furthermore, the Governor should have studied recent history on how to increase revenue. Raising taxes (i.e. tolls) is not one of them. Reaganomics Rule.

REAGANOMICS: CUT TAXES AND Submitted by Esau on Wed, 05/01/2013 at 5:34 pm. Reaganomics: Cut taxes and increase spending.

SHADES OF GREY Submitted by jettyhop on Wed, 05/01/2013 at 5:55 pm. Crook, or corporate puppet, too often it's a very thin line. The rest who can't see this for what it really is are tripping over a good haircut, sharp suit, and Irish charm. Same reason they voted Ronnie.

WHY BUILD PUBLIC FOR PRIVATE PROFIT Submitted by BigBlue94 on Wed, 05/01/2013 at 4:23 pm. Including private profit in public roads only makes the road MORE expensive, not less. If the state builds the road, they use municipal bonds secured from the capital markets using the state's strong credit rating (DEBT) and use some state funds (EQUITY), and identify a source of revenue to repay those bonds. States can use a gas or sales tax to pay for those which are POLITICALLY difficult. A private company uses it's money (EQUITY), but mostly bonds secured from the same capital markets (DEBT), using tolls as their identified revenue stream to repay the bond debt. The toll revenue & lower private entity credit rating makes the private deal more risky and they get a higher rate! The road is more costly but POLITICALLY easier.

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BRING BACK THE OLD ERTC OR GIVE THE IT TO CHES BAY TUNNEL COMM Submitted by ptown49 on Wed, 05/01/2013 at 4:24 pm. The Elizabeth River Tunnel Commission built them with 40 cent tolls later reduced then eliminated and the Chesapeake Bay Bridge Tunnel Commission has done a great job without profit. Why cant they have this one?

CHESAPEAKE BAY BRIDGE TUNNEL HAS RETURNED WELL FOR INVESTORS Submitted by worldview23451 on Wed, 05/01/2013 at 4:37 pm. They sold bonds that returned very well for investors.. from Fitch bond rating agency: "Senior lien bonds are payable from district revenues following the payment of current expenses (net revenues) and retention of a reserve maintenance fund equal to 20% of budgeted operating expenses. Junior lien bonds are payable from a pledge of net revenues subordinate to required revenue bond resolution deposits. The Rating Outlook on all liens is Stable." Fitch's rating definitions and the terms of use of such ratings are available on the agency's public site, www.fitchratings.com.

GREAT. THE WHOLE DEAL IS A Submitted by surfcaster on Wed, 05/01/2013 at 4:40 pm. Great. The whole deal is a sham created to make huge profits for a private company who will then give huge campaign contributions to the legislators that awarded them the contract to begin with. And this, I'll scratch your back if you scratch mine sham, will go on for the next 58 years. Glad to hear of the good Judge's ruling

VICTORY Submitted by David-73 on Wed, 05/01/2013 at 4:42 pm. What a great decision for the citizens but I wouldn't lite the victory cigar just yet! I love that retired Judge Cales was brought back for this hearing especially since he is a a Portsmouth man. You would think that there would be some kind of conflict of interest whereas the person making the decision is personally affected if he too has to pay tolls down the road. They should have changed the venue or brought in a judge from the Western part of the state. Let's see what the decision is at the next level before we light up.

IM NOT AGAINST TOLLS IN Submitted by zatoony on Wed, 05/01/2013 at 4:46 pm. Im not against tolls in theory. Just against tolling paid for roads to pay for new roads being built to generate a profit for foreign companies on the backs of the taxpayers whose current taxes should be paying for this road anyway. I think this a great victory for the people of Virginia. Build a bridge or expand the tunnels with the current tax revenue or raise taxes state wide for it since most of the goods brought into VA go through those tunnels on their way from the ports to western locales.

I'M NOT AGAINST TOLLS IN THEORY? Submitted by Achilles II on Wed, 05/01/2013 at 5:02 pm. http://hamptonroads.com/2013/05/judge-midtown-tunnel-toll-deal-unconstitutional Page 14 of 35 Judge: Midtown Tunnel toll deal is unconstitutional | HamptonRoads.com | PilotOnline.com 5/2/13 1:23 PM

Well I am. Tolls and user fees are de facto taxes, implemented by un-elected officials and unapproved by the legislative process. They should all be abolished, unless voted on by the State Legislature and approved by the Governor. That's how taxes are to be imposed, not by some back door process so Delegates and State Senators can hide behind when they come up for re- election.

SO IS PUBLIC PRIVATE LIGHT RAIL DEAL DEAD AS WELL? Submitted by worldview23451 on Wed, 05/01/2013 at 4:49 pm. I would think all Public Private deals already in place are now suspect and any futrue deals off the table until court says otherwise and no private investment in Virginia PPP's for the foreseeable future???

YOU CAN'T SQUEEZE BLOOD FROM A TURNIP, FOLKS! Submitted by Kris M. on Wed, 05/01/2013 at 5:09 pm. Penny Gas tax? Hell no!!! Toll roads? Not a chance!!! Safe roads, bridges, and tunnels? Don't count on it for long. Eventually people here will point fingers and wonder just what went wrong when one of the tunnels collapses from neglect, but something that drastic will have to happen and get the world's attention before anything definitive is done.

SOMETHING DEFINITIVE? LIKE Submitted by Esau on Wed, 05/01/2013 at 5:33 pm. Something definitive? Like what?

WELL..... Submitted by Kris M. on Wed, 05/01/2013 at 9:51 pm. Definitive, like everyone agreeing to forking up real funding to keep things from crumbling like they are now, without being forced via 2-3 years of court battles. The only winners in these scenarios are the lawyers. Definitive, like the concept of those involved in such projects being honest and actually deciding to keep their hands out of the proverbial cookie jar -- and keeping other's hands out of it as well! Definitive, like the idea of the various "cities" in this area actually collaborating on projects that will benefit the area, instead of bickering like a bunch of children. ...and that's just off the top of my head.

"THIS IS BIG NEWS IN THE FINANCE INDUSTRY," Submitted by Mr. Wizard on Wed, 05/01/2013 at 5:17 pm. This is a HUGE decision. It's the shot heard 'round the world. This is a game changer for Public-private ventures. James A. Cales Jr., remember that judge's name. Plaintiff's attorney Patrick McSweeney is wearing a superman cape in Portsmouth tonight.

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Governor Bob is eating this decision with his AG. And grats to P-town residents for actually taking on the big boys and winning round one. Citizens can still have justice against tyranny taxation if they just ACT.

THE ROADS SHOULD BELONG TO EVERYONE Submitted by Chris33 on Wed, 05/01/2013 at 5:29 pm. The roads should belong to everyone. No tolls.

SAME THING FOR GUNS Submitted by oldsarge3111 on Wed, 05/01/2013 at 10:38 pm. Except guns are protected by the Constitution, roads are not, AND more people have died on roads than by guns.

TOLL DECISION, PART I Submitted by margaretw94423 on Wed, 05/01/2013 at 6:03 pm. I keep hearing my wallet singing Thank you Jesus.

WASTE OF TIME AND MONEY Submitted by camper on Wed, 05/01/2013 at 6:03 pm. This is just wasting time and money. The tolls will happen once a higher court hears an appeal. If you think this ruling means the end of tolls, you are living in fantasy-land.

A "FORCED" THUMB Submitted by Art Director on Wed, 05/01/2013 at 7:32 pm. As a realist who has seen corruption and waste at all levels of government for decades, I am FORCED to give your post a Thumbs Up. I'm not ready to give up yet, but then, that's what a lot of people said at Waco, and we saw how well that worked out for them. These days, Big Money doesn't "talk", it SCREAMS you deaf, and then Blinds you to what's right, especially if you're a politician.

I PERSONALLY DOUBT THAT THE Submitted by sfk0615 on Wed, 05/01/2013 at 6:04 pm. I personally doubt that the plaintiffs will prevail on appeal, but you never know. But sadly, even if they win, they may well end up losing or at best significantly delaying this project. Winning this case will not magically fill the coffers at VDOT to fund this needed project. At best, the construction will experience a significant delay while the state reworks the whole process. At worst the whole thing will simply be cancelled. It should be clear by now that the legislature is not particularly interested in fixing our road problems. There are many scenarios for how this could all play out, but in my view most are not good for those who have to sit in this traffic every day. At least this project offered some forward motion.

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FORWARD OR BACKWARD? Submitted by Art Director on Wed, 05/01/2013 at 7:39 pm. I would rather see this particular contract killed outright, even if it meant no new tube. The court has heard the arguments, so I won't repeat my side's here. In polite disagreement, I aver that your "at worst" is my "at best". NO TOLLS!

LEMME GUESS Submitted by Kris M. on Wed, 05/01/2013 at 10:03 pm. You're one of those who doesn't use the tunnels in question, right?

WAS IT MY SENTENCE THAT SAID Submitted by sfk0615 on Thu, 05/02/2013 at 11:32 am. Was it my sentence that said "I don't use those tunnels" that clued you in? In fact, you are correct. I don't care one way or the other if this lawsuit succeeds or not. I was merely trying to point out that success could have unintended consequences that might actually be worse than the tolls. But I stand corrected. Apparently nothing on this earth is worse than tolls to many. It would be better to have another 20 years of not fixing the problem than to do so with a project that requires tolls. So no, I don't use the tunnels, and although I think tolls are the wrong answer, I also see that there will be no solution without them, at least in the near future. Wind your suit and keep sitting in traffic.

OOPS Submitted by sfk0615 on Thu, 05/02/2013 at 11:36 am. KrisM - I thought your comment was directed at me. sometimes the indentation of the comments gets screwed up in these blogs on my computer. Once I exited the browser and then came back in I realized you were not talking to me. Sorry.

MY PREMISE IS THAT THE Submitted by sfk0615 on Thu, 05/02/2013 at 8:21 am. My premise is that the tunnel congestion is bad enough that it needs to be fixed. I don't use those tunnels, so perhaps I'm wrong. The current contract will make those fixes, but at a significant cost to the users via tolls for many, many years. I think the private/public partnership is a bad idea - I would suggest that the state doesn't need to make a huge profit if they simply handle the contracting themselves. But the fact is, over many years that has not and apparently will not happen. So if this contract is cancelled it is, in my view, likely that we will continue to have tunnel congestion for many years to come. There won't be any tolls, but neither will there be any light at the end of the congestion tunnel.

I PREDICT A SHORT LIVED VICTORY Submitted by Wm D Tabor DDS on Wed, 05/01/2013 at 6:15 pm. It will be a simple matter for the General Assembly to fix the objections in the bill.

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For example, the problem with setting the toll could be eliminated by the GA setting the toll at $10, and then giving the Private Contractor the option to offer 'promotional discounts' to encourage use. Then the Contractor will not be setting the toll, he will just be offering a reduction.

At most, this will just delay the project and raise the ultimate cost. TINSTAAFL

MR ATTORNEY GENERAL Submitted by Mr. Wizard on Wed, 05/01/2013 at 6:15 pm. "it would threaten the commonwealth's ability to use public-private partnerships to construct major transportation projects." Bull. The taxpayers won't get screwed by a gaggle of tossers as happened in this instance. If you truly represent the commonwealth, then you won't ask for a stay and you won't appeal. Let the General Assembly deal with it, Kenny.

IT WAS NOT RIGHT FOR THE Submitted by dbhall on Wed, 05/01/2013 at 6:23 pm. It was not right for the state to bundle the downtown and mid-town tunnel together to pay for the project and not have any way except driving all the way around 64 & 264 to get to Portsmouth without having to pay the tolls. I believe the private company insisted that the downtown tunnel be included just to make sure that nobody got from Portsmouth to Norfolk or Norfolk to Portsmouth without paying a toll. The tolls from the mid-town tunnel should go to support the project and then when the new tunnel is built the tolls from that should pay for the project.

USER FEE = TAX Submitted by mike71329 on Wed, 05/01/2013 at 6:24 pm. Sorry Gov. Bob but the letters "user fee" spell TAX in the common sense dictionary. Cars driving through the downtown tunnel are not "using" the midtown so taxing those drivers to pay for the new midtown is not a "user fee" it is a tax. Build the stupid tunnel with our tax dollars rather than outsourcing to a for profit company that will return double digit profits to its owners/shareholders while tolling us for eternity.

TAX DOLLARS? Submitted by Kris M. on Wed, 05/01/2013 at 10:05 pm. What tax dollars? You guys voted against the single penny per gallon gas tax that those in power wanted to work with before resorting to tolls!

TRY AGAIN Submitted by markk33831 on Wed, 05/01/2013 at 6:33 pm. Another method is going to have to be found to fund badly needed transportation improvements. Everyone knows they're needed, but no one wants to pay for them.

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VERY SAD REALLY Submitted by aalto on Wed, 05/01/2013 at 6:34 pm. Mayor Wright and Portsmouth had to step to the plate to fix this mess. If we had a regional transportation body that would look out for all tidewater cities....oh wait!!....We do! Where is the HRTPO/MPO? Where is molly ward? She and the rest of the "leaders" of the federal mandated regional transportation authority must be sitting back clueless over what is happening with tidewater transportation. Mayor Wright has to go this alone. I applaud how he sticks up for his city. It is to bad the big boys in this divided region, sessoms and fraim, are not man enough to stand beside him.

NOT ONLY MAYOR WRIGHT. AS Submitted by lee1956 on Wed, 05/01/2013 at 10:35 pm. Not only Mayor Wright. As much as some may hate to acknowledge it, Ken Alexander and Louise Lucas have also been making themselves heard from the beginning.

CORRECTION Submitted by Warwagon1 on Thu, 05/02/2013 at 8:26 am. Well, actually Sen. Lucas voted for the legislation that allowed the Gov to sign the ERC Agreement. Mayor Wright failed to voice his opposition until he saw the ground swell from citizens and has not been able to persuade a single mayor to join the cause. This victory is due to private citizens.

OTHER LEGISLATORS INVOLVED Submitted by Cit-com on Thu, 05/02/2013 at 9:15 am. Actually, Sen. Kenny Alexander and Del. Johnny Joannou kick-started this lawsuit and have supported it with significant financial contributions as well as other assistance. They brought Patrick McSweeney and his team of winning attorneys (Bob Cynkar and Chris Kachouroff) on board, and this lawsuit was won because no one in this state knows more about constitutional law than Patrick, and no attorneys write better briefs! Many thanks are due to Sen. Alexander and Del. Joannou, both of whom believe that projects like this should be paid for by all citizens who benefit across the state from the economic engine that is Hampton Roads.

YAY! 10+ MORE YEARS OF Submitted by RNC on Wed, 05/01/2013 at 6:35 pm. Yay! 10+ more years of sitting in Midtown Tunnel traffic. I hope all of the anti toll people support a major tax hike to start paying for the rest of these projects instead of living in their delusional dreamworld of no tolls and low taxes.

I, FOR ONE, WOULD BE OKAY Submitted by Cathleen on Wed, 05/01/2013 at 7:20 pm. I, for one, would be okay with a 10 cents per gallon gas tax. With the way the prices fluctuate, we http://hamptonroads.com/2013/05/judge-midtown-tunnel-toll-deal-unconstitutional Page 19 of 35 Judge: Midtown Tunnel toll deal is unconstitutional | HamptonRoads.com | PilotOnline.com 5/2/13 1:23 PM

wouldn't even feel it. Those who drive a lot would pay more and those who drive very little would pay less. If our elected officials had done their jobs years ago by funding our road projects with a fuel tax tied to the rate of inflation, we wouldn't be in this situation. No dream world...just reality as seen by someone who drives 40,000 miles per year.

SECOND THE MOTION Submitted by Samoyed on Wed, 05/01/2013 at 7:28 pm. I too would be agreeable to a gasoline tax of 10 cents a gallon. Heck the way prices are up and down all the time who would notice?

REALLY NOW? Submitted by Kris M. on Wed, 05/01/2013 at 10:09 pm. Apparently you're in the minority, as your area voted against a one cent per gallon tax a few years back.

NOT A FEW YEARS BACK - OVER Submitted by lee1956 on Wed, 05/01/2013 at 10:29 pm. Not a few years back - over a decade back, just like the VB vote on light rail. Not only do opinions change, they especially change when voters are shown the alternative.

I SUPPORT Submitted by rdsphantom on Thu, 05/02/2013 at 9:52 am. I support a reasonable toll and moderate tax increase. $1000 per year is not reasonable. 10 cents a gallon may not seem reasonable at first glance, but considering there has been no increase for decades, I may be able to agree with you. There are NO (zero, zilch, nada) reasonable alternate routes and something needs to be done.

SMACKDOWN Submitted by Mr. Wizard on Wed, 05/01/2013 at 6:48 pm. "The Commonwealth will seek a stay and appeal the judge’s ruling to the Virginia Supreme Court" The Governor does not represent the citizens will in this proceeding. The Attorney General does not represent the citizens will in this proceeding either. And now they're gonna' use sovereign resources to keep the tolls for their private partners. Your elected officials are representing ERC, not you. See who's workin' for who, and how?

CUCCINELLI Submitted by localreader on Wed, 05/01/2013 at 6:53 pm. Cuccenelli lies, to paraphrase a certain member of Congress. The Elizabeth River Crossings deal was based on profit for the company, not much else. Big profit. As a taxpayer and tollpayer, I resent

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this. The interstate system (this is I-264) was created as a toll-free system, with case-by-case exceptions. This case might merit an exception if the revenue went only to the construction costs -- not profit. Otherwise, it is against the spirit and probably the letter of the Eisenhower-era law. If the state and feds cannot come up with the money, so be it. The people have spoken. Oops, Grover Norquist has spoken, and we will stagnate in traffic. Anybody remember the meaning of the word "Commonwealth"?

GREAT RULING. MAKE THE Submitted by Choose_Freedom on Wed, 05/01/2013 at 6:55 pm. Great ruling. Make the General Assembly accountable to the voters for raising our taxes and imposing tolls.

WHICH IS IT? Submitted by portworker on Wed, 05/01/2013 at 7:31 pm. The people of Portsmouth have said they want any more taxes to pay for roads and bridges maintenance and construction. The General Assembly could authorize a local tax dedicated solely for roads and bridges and tunnels with the most in going to those in Portsmouth. Maybe the cure is worse than the disease. The Governor should call the General Assembly to a special session to allow localities to raise revenue (from food and gas taxes) up to a certain level. That way the Portsmouth City Council can tax Portsmouth as much as they want (up to a certain reasonable level).

WHY? Submitted by Art Director on Wed, 05/01/2013 at 7:48 pm. They would just waste the extra money on our almost worthless public school system. It didn't used to be that way. I went to public school here and actually learned all my grammar and composition skills in those schools. I'm appalled at the lack of communication skills of most of our graduating seniors today. P.S. I think you meant to say, "said they DIDN'T want".

THANKS - ALMOST Submitted by portworker on Wed, 05/01/2013 at 9:33 pm. No, the subject was "Portsmouth City Council" who could be able to tax the people of Portsmouth as much as "Portsmouth City Council" wanted. No, the allowance of localities to increase taxes would be DEDICATED to road and bridges construction and repair.

SPENDING MONEY ON OUR PUBLIC Submitted by sw32578 on Wed, 05/01/2013 at 10:56 pm. Spending money on our public school system isn't wasting money - the fact is that the PPS school system does a fine job. I know you don't agree that's cool it is your opinion and I respect that. What we can agree is that any tolls are totally unfair - period.

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COMMENT DELETED Submitted by admin (staffer) on Wed, 05/01/2013 at 10:56 pm. Comment removed for rules violation. Reason: Post continued, repeated

WHAT ABOUT THE REST OF THE STATE Submitted by oldsarge3111 on Wed, 05/01/2013 at 7:51 pm. our tax dollars build their roads, now it's our turn, BTW it's not just the people of Portsmouth it affects most everyone in the area. how will your servents get to work? AND portsmouth is already paying the highest real estate tax in the area. The US Goovernment should pay a large portion as the reason for tunnels instead of bridges is the Navy. I'm glad the Navy is here but the President could take some of that green energy money and spend it on a tunnel and save oil wasted sitting in traffic.

GRAB YOUR BICYCLES Submitted by Justice4All on Wed, 05/01/2013 at 7:09 pm. The American System of Government is alive and well! The people and the branches of govt continue to function so well despite the continuing controversy! Everyone gets a voice and a Judge hears the facts and applies what he believes the law requires. Still, as an attendee at most recent Intl Bridge Tunnel & Turnpike Association Annual Conference, one thing was crystal clear: Govt Transportation Leaders seeking to serve their citizens well all over the globe face the reality that without creative innovative solutions, motorists will need to pony up billions of dollars through massive tax hikes just to maintain the status quo. There are no free lunches or rides. It is easy to criticize but new ideas are scarce. Anyone have better ideas?

HOW WOULD THE SHOE FIT IF A Submitted by El J on Wed, 05/01/2013 at 7:23 pm. How would the shoe fit if a toll was put down at the oceanfront, off the 264 ramp, to pay for light rail and the tunnels? Let big brother Virginia Beach eat the costs since they want to be known as the 'Luxury Golden Sands Resort' (sarcasm). Partner with a private foreign company for 75 years and charge $5-$10 per vehicle. This will allow the high rolling tourists to venture in and offset the cost, and keep the riff raffs from wreaking havoc.

WORKS FOR ME Submitted by Kris M. on Wed, 05/01/2013 at 10:21 pm. Get off the interstate at Birdneck or Northampton, and take either Shore drive or General Booth to get in. Those ignorant or impatient pay the price. It'd be kind of like an intelligence and common sense test for the locals. BTW, I wouldn't be surprised if Sessoms were researching this as we speak. Our shoe here fits a bit differently. You guys want to take advantage of the toll situation? Get together with the city and fund a few ferrys up and down the water, so that you can get profit instead of others.

THEY WOULD HAVE TO PUT A Submitted by NewEnglandpatsfan on Thu, 05/02/2013 at 7:30 am.

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They would have to put a toll booth at every exit like the do in NJ and also in Maine. I've lived in areas with tolls all my life, they suck. Congestion, congestion and more congestion in areas of high use such as our tunnels. And I might add the roads are no better.

FOR MY FAMILY Submitted by Californiadreamin on Wed, 05/01/2013 at 7:30 pm. Thank you, Judge Cales, for my family's sake.

COULD WE SEE THE JUDGE'S WRITTEN DECISION? Submitted by portworker on Wed, 05/01/2013 at 7:40 pm. What state code section was violated? What article was violated in the state constitution? Surely the judge just didn't say the plantiff is wrong. He must have cited what the plantiff did wrong according to the law. When we see what the judge's decision said?

STOPPING OFF POINT Submitted by Art Director on Wed, 05/01/2013 at 7:52 pm. Grammatically speaking, I think you should quit while you're still behind. I'm sure you can find your answers in another story on this subject. Don't wait to be spoon fed.

WOW - IS THE HATRED THAT FIRM? Submitted by portworker on Wed, 05/01/2013 at 9:27 pm. How far from a LOCAL newspaper do you want to go to find another article that contains a link or the transcript of what the judge said in his decision? Do you expect your wait staff to keep your water glass full and ask you if you want dessert? Do you expect your mechanic to check the air pressure in your tires? Or is that waiting to be spoon fed? BTW - why the snarky comment? Do you want to see and "judge" for yourself if the judge gave an opinion based on law or just another opinion? It doesn't matter, this case will probably be fast-tracked to the Virginia Supreme Court before the summer.

THE JUDGE SAID THE Submitted by lee1956 on Wed, 05/01/2013 at 10:19 pm. The judge said the plaintiffs were right - not wrong.

YOU ARE CORRECT Submitted by portworker on Thu, 05/02/2013 at 7:04 am. I was wrong. http://hamptonroads.com/2013/05/judge-midtown-tunnel-toll-deal-unconstitutional Page 23 of 35 Judge: Midtown Tunnel toll deal is unconstitutional | HamptonRoads.com | PilotOnline.com 5/2/13 1:23 PM

I committed the sin of not paying attention and got plaintiff versus defendant wrong and left out "will" in the last sentence. I apologize.

MCDONNELL IS HAVING A BAD WEEK. Submitted by Preston Snuggs on Wed, 05/01/2013 at 7:51 pm. The VAginistas and their hired guns created the illusion that HR would grow an incredible amount and require the increased capacity for commuting (during rush hour, which I experience daily), but there is no evidence, especially since the port traffic has moved to Churchland with intermodal. We can go private on tolls, but have to stay public on terminals. Terminals benefit the whole state, so it must control, but the access is private via ERC, CRX, and NS. Cognitive dissonance. I no longer wonder why we didn't do the 3rd crossing. Bob will win the battle, but his reputation is ruined. Can you say "macaca"?

CAN I SAY IT? I COULD, BUT.... Submitted by Kris M. on Wed, 05/01/2013 at 10:32 pm. I didn't think Bob was black. (i.e. careful with words that have double meanings)

NO TOLLS Submitted by sw32578 on Wed, 05/01/2013 at 7:53 pm. I do not trust the state government at all when it comes to the budget for roads and schools --- for instance the Lottery money does go to the schools however this only allowed the government to cut out other funds for education when the lottery money started going to education but they don't tell you this. The fact is that the state created this problem years ago by not raising the gas tax to help pay for all state roads and now their solution is tolls ---- not fair to anyone. Raise the gas tax 2 cents and dedicate all the funds to upkeep and construction of roads - way I look at it an increase in the gas tax is fair to everyone who uses the public roads anywhere in the state.

CONGRATS! Submitted by R Clarence on Wed, 05/01/2013 at 7:53 pm. Happy to hear it for the good people on both sides of the ditch! Brace up. Stay strong. It ain’t over yet.

REALLY? Submitted by streetglide on Wed, 05/01/2013 at 8:04 pm. I post a pro tolls comment and it is deleted. Shamefull

AG'S OPINIONS MEAN NOTHING Submitted by RLS on Wed, 05/01/2013 at 8:38 pm. http://hamptonroads.com/2013/05/judge-midtown-tunnel-toll-deal-unconstitutional Page 24 of 35 Judge: Midtown Tunnel toll deal is unconstitutional | HamptonRoads.com | PilotOnline.com 5/2/13 1:23 PM

Now we have a real life judge ruling on one of the AGs and former AG's "opinions" and saying both were wrong. I am befuddled by the Governor's statement, since, yes tolls were used to build the original tunnels, but they were collected by the state, not a private entity. And if they were to be raised, the legislature had to approve it. Seems that the biggest issue the judge had with this plan was that the legislature does not vote to affirm increases in the toll rates.

CHECKS AND BALANCES? Submitted by volkss on Wed, 05/01/2013 at 8:41 pm. It took the judge less than a day to realize this proposed project was wrong. Why on earth did it ever make it to court? Shouldn't our elected officials have looked into this when they heard this was going to trial as being an unconstitutional toll? Does nobody in Richmond represent the people? I hope every single person who signed off on this project is impeached. Just proof that our government no longer represents the people that elect them. Flat out shameful.

THE MOST LIKELY ANSWERS Submitted by Craig Paskewic on Thu, 05/02/2013 at 5:28 am. involve a dollar sign with ten numbers after it.

THE AG’S OPINION,,, A REPEAT? Submitted by keithb64840 on Wed, 05/01/2013 at 9:28 pm. As AG, Bob McD said that an unconstitutional taxing authority was constitutional because he wanted the higher taxes as the next governor without his name on the legislation. Now AG Cucc wants to be the next governor and he wants the increased taxes without his name on the legislation.

Republicans love the actual tax hikes but hate the actual word “taxes”.

CUCCINELI'S "REASONABLE" NOT THE SAME AS MINE. Submitted by 2WildBill2 on Wed, 05/01/2013 at 9:47 pm. Attorney General Cuccineli apparently did not want a video of himself making any political damaging statements so he had "spokesman" Brian Gottstein "explain" his thinking.

"As such, we still believe the tolls cannot be considered a tax and that it is completely within VDOT's authority to SET REASONABLE tolls ------APPEARANTLY REASONABLE MEANS:

Reasonable means tolls will last for 58 years costing more than 22 BILLION Dollars to pay for a 2.2 Billion Dollar project? (Total cost will exceed ONE MILLION Dollars a FOOT.) Reasonable means a private company is guaranteed 13.5 % yearly return?

Reasonable means the Commonwealth of Virginia could not use the 13.5 %?

COMMENT DELETED Submitted by admin (staffer) on Wed, 05/01/2013 at 10:16 pm. Comment removed for rules violation. Reason: Post continued, repeated

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CUCCINELI IS NOT DOING HIMSELF ANY FAVORS. Submitted by ohmie on Wed, 05/01/2013 at 11:11 pm. If he wants to be the next Gov he needs to get in step with the CITIZENS. This statement, "it would threaten the commonwealth's ability to use public-private partnerships to construct major transportation projects" is something that should happen. PPP is NOT a good thing for the taxpayers and personally I think someone needs to check for kickbacks because this deal in paticular is NOT a good deal for citizens. Further this project is a poor design and would do next to nothing to ease the congestion problems. The bottlenecks on Hampton Blvd and Brambleton Blvd would still exist meaning that traffic will still come to a halt. A better plan could be accomplished with 6 miles of bridge/tunnel and road. I guess that's too cheap and effective?

SCRATCH A LIE... Submitted by Sasebo_Kid on Wed, 05/01/2013 at 11:52 pm. Scratch a lie and find a thief! Im sure there were plenty of both here and I'm glad for once in the news that someone has not sided with the politicians that are all crooked as candy-canes if ask me. My hat goes off to the residents and businesses that knuckled up and fought back.

BOB "LET THE PRIVATE SECTOR Submitted by Esau on Thu, 05/02/2013 at 3:27 am. Bob "Let the Private Sector Pay For My Daughter's Wedding" McDonnell is a shill for private interests bilking the public. Pay your own Bills, Bob, and don't let a private conglomerate bilk local residents of $60 billion for a $2.2 billion tunnel.

KEN THE AG LOSES ANOTHER Submitted by streetglide on Thu, 05/02/2013 at 5:54 am. Has the AG ever won a lawsuit?

BOB MCD'S HORRIBLE, TERRIBLE, VERY BAD WEEK Submitted by Not by Half on Thu, 05/02/2013 at 6:45 am. Between this circuit court defeat yesterday and the opening of the hearing on whether to grant the fired executive mansion chef whistleblower protection for his testimony against McDonnell and Cuccinelli, how do you think ol' Bob is feeling this morning?

BOB SHOULD BE FEELING JUST FINE! Submitted by Rajin Cajun on Thu, 05/02/2013 at 7:17 am. For all the GREAT work Bob McDonald has done for Virginians, I am confidant that he sleeps very well! In fact, because of his record as Govenor and Attornet General, the. White House will be his next residence. As for as "stopping the tolls", Portsmouth just shot themselves in the foot. I, and many more residents of Norfolk would gladly pay a toll to go shop & dine in Portsmouth...... but we are not going to suffer and wait in long lines to go thru the Midtown or downtown tunnels. HRoads needs to grow up and be like the other large cities and charge tolls whereever they can in order to get the money to build and maintain their roads. Many of our HR residents are like http://hamptonroads.com/2013/05/judge-midtown-tunnel-toll-deal-unconstitutional Page 26 of 35 Judge: Midtown Tunnel toll deal is unconstitutional | HamptonRoads.com | PilotOnline.com 5/2/13 1:23 PM

children. They want their cake and eat it, too!

I BET HE'S NOT FEELING FINE, Submitted by Esau on Thu, 05/02/2013 at 7:25 am. I bet he's not feeling fine, not with the embarrassment he has cast upon himself . . . and his daughter.

EXCUSE ME, Submitted by rdsphantom on Thu, 05/02/2013 at 9:40 am. But I don't know of 1 person that wants to travel to Downtown Portsmouth regardless of whether they have to pay a toll or not. I can easily agree to a smaller toll, but $1000/year for commuters is not fair when everyone benefits from the roadways.

LIKE WE HAVE BEEN Submitted by Samoyed on Thu, 05/02/2013 at 7:19 am. I guess he's having the same sense of dread that the citizens of this great Commonwealth have had ever since the dynamic duo went to Richmond.

Makes you LOVE the fact that no matter what he can't get a second term.

ROUND 1 TO THE PLAINTIFF'S , ROUND 2 TO BE DETERMINED Submitted by mikem67778 on Thu, 05/02/2013 at 7:28 am. Unfortunately, many of those complaining of the tolls may not have any reason to use the tunnels when the Navy decides to moves its fleet out of here due to the congestion and gridlock.

No one likes to pay for tolls but without them important infrastructure for this region is not going to be built. For the Portsmouth mayor to be basking in his victory shows how short minded this thinking is.

Business will be leaving or not coming to the area (as they are now). I guess they can keep raising property taxes to ad infinitum because it will be the only thing left to tax with limited commerce. If Portsmouth's leaders include one Delegate would have been onboard in years past, we would have already had transportation improvements completed.

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IT'LL BE JUST AS CONGESTED Submitted by NewEnglandpatsfan on Thu, 05/02/2013 at 7:31 am. It'll be just as congested with the tolls and too expensive for the sailors maybe they will move because of that...

THE ONLY REASONABLE ANSWER- RIGHT SIZE TIDEWATER Submitted by NO JONES on Thu, 05/02/2013 at 7:29 am. In the midst of the fourth or so straight jobless recovery, buy up older foreclosures, oldest apartment complexes and tract housing, and raze them into open space. At a hundred gallons per penny, we cannot allow the Lake Gaston Pipeline to bankrupt us in over-population and billions of unprinted dollars in debt for additional bridges, roads and tunnels, and make HOV all-access, permanently.

CIVIL WAR Submitted by 895000 on Thu, 05/02/2013 at 7:34 am. Virginia was divided during the Civil War; hence, the state of West Virginia was created. Anyone who has travelled extensively on business in the western part of Virginia is aware of their relatively low cost of living and low taxes, and likewise aware of their generous state funding for schools, law enforcement, and roads.

We are also aware of the gerrymandered political spectrum in Virginia that allows a minority region of the state to control Tidewater and Northern Virginia. Political specimens like Bob McDonnell and Ken Cuccinelli exploit this imbalance to the financial detriment of the real majority in order to promote their political ambitions. We are now in a political civil war with one judge on our side.

SO WHAT DID YOU CALL IT... Submitted by letsgogolfing on Thu, 05/02/2013 at 7:46 am. when Kaine was in office? Are you suggesting that this imbalance didn't take place until McDonnell took office, and that Kaine spread the wealth across the entire state? That's state politics; that's how every single state admoinistration has been run, probably all the way back to Lord Botetourt.

THATS A STREACH Submitted by worldview23451 on Thu, 05/02/2013 at 7:47 am. Very rosy point of view...Not sure what this person is talking about...maybe you are trying to explains slavery? LOLLL

JUDGE RULES AGAINST TIM KAINE'S VA PUBLIC PRIVATE LEGLISLATION Submitted by worldview23451 on Thu, 05/02/2013 at 7:54 am. Does this mean the State will have to go back and rewrite the Public Private Leglislation rules and procedures?

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IT SHOULD Submitted by Cit-com on Thu, 05/02/2013 at 9:47 am. Those of us involved in the lawsuit are hoping that the PPTA will be rewritten to add transparency requirements and restrictions on delegated powers so the law will be constitutional. As it stands, it is not--the legislature has improperly delegated powers to VDOT to make contracts like the disastrous one with ERCO. Keeping in mind that VDOT couldn't even handle the pothole repair contract properly, the legislature needs to seriously rethink this law.

PPTA LEGISLATION WRITTEN 1995 UNDER GOV GEORGE ALLEN Submitted by 2WildBill2 on Thu, 05/02/2013 at 11:06 am. Reference to worldview12351 -- "Judge Rules against Tim Kaine's VA Public Private Legislation".

Code of Virginia --Public Private Transportation Act of 1995 Gov of Virginia from Jan 1994 to Jan 1998 was George F Allen

Yes, Gov Tim Kaine considered using "Gov George Allen's" PPTA -- But is was Gov Bob McDonnell's who negotiated, WROTE AND approved 100% the present ERC contract. So I guess the Judge rulled against Gov Allen AND Gov McDonnells legislation.

Google it.

HEY..TOLLS STILL UP ON CHESAPEAKE EXPRESSWAY..WHAT GIVES? Submitted by worldview23451 on Thu, 05/02/2013 at 7:57 am. I thought a jusge struck down Virginia Public Private Partnerships...It toll was still up this morning????

LAW SUIT BEING FILED AGAINST CHESAPEAKE EXPRESSWAY? Submitted by worldview23451 on Thu, 05/02/2013 at 8:02 am. OK..I understand that as a result of this ruling a lawsuit is being filed against the new Chesapeake Expressway tolls in Chesapeake. I guess Jordon is 100% private so it would not be affected? Not sure if CBBT is 100% private or is under some PPPartnership set up....

. Submitted by RHELPAW on Thu, 05/02/2013 at 8:03 am. The local businesses and residents of hampton roads wins their case but Bob and the AG wants to appeal. Are these guys serious?

They no longer represent the people, only themselves and ERC. The FBI needs to also investigate how much kickbacks he's getting from ERC. ERC hasn't slowed down one bit, the MTT had the asphalt removed under the EZ pass support, installed sensors, applied new asphalt, and painted in one day after ruling.

VDOT WAS THE DEFENDANT..WE SHOULD BE CLEAR IN THIS CASE... Submitted by worldview23451 on Thu, 05/02/2013 at 8:10 am. VDOT was who this lawsuit was against. I just thought that point was getting a bit fuzzy.

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CLASS ACTION LAWSUIT Submitted by vickie123 on Thu, 05/02/2013 at 8:53 am. Every person who's name is on the contract/plan needs to be held accountable from the top to the bottom.I am sure there were plenty of attorney's who looked at the Private Partnership bid as well as the process at which it was handled. Knowing something is wrong and going through with it is accountable. I feel they tried to sweep this under the radar for years as they planned. Vdot's intent is to toll all the bridges, tunnels, and roadways in Hampton Roads via private partnership. Put $1.85 Toll on the Norfolk/Virginia Beach expressway, that is a bigger burden that is taking our road taxes. See how many people in Norfolk and Virginia Beach bark. They should be supporting Portsmouth with this because their back door is next.

BOB HAS BROUGHT INTO Submitted by Esau on Thu, 05/02/2013 at 8:18 am. Bob has brought into question his integrity. Yes, there should be an investigation.

GOOD DECISION. I ALSO Submitted by sandman2go on Thu, 05/02/2013 at 8:04 am. Good decision. I also question the agreement to allow this "The private partners are authorized to earn an annualized rate of return of 13.5 percent on their $272 million investment."--Since when is such a huge ROI justified?

WHEN IT'S GIVEN AWAY BY POOR Submitted by Esau on Thu, 05/02/2013 at 8:18 am. When it's given away by poor negotiators.

I'M CONFUSED... Submitted by JonInVB on Thu, 05/02/2013 at 8:32 am. I hear a lot of people on this board claiming this is a "victory", but is it really? Sure you stopped the tolls (for now), but what is YOUR answer to the problems of traffic and roads? If this goes thru, you're looking at even worse conditions now at the Midtown/Downtown Tunnels with no new construction in site. Raise the gas tax in the area? Oh please..you'll just complain in 5 years that the money is being mis-spent or given to other parts of the state. You still complain that Northern Va gets more of the road money..well, newsflash, the average income is double of what it is here..You want fairness? If you put more into the pot, you should get more out. I'd gladly pay tolls if it meant better roads and interchanges in the area.

VIRGINIA OUTSOURCING FOR PRIVATE PROFITS Submitted by vickie123 on Thu, 05/02/2013 at 8:33 am. Va changed after 2001& PPA1995 is out date.At one time JamesRiverBridge was privately owned& the company went bankrupt as people refused tolls. Skanska built into this deal safeguards and used their wealth to impress Richmond.The deal was during Mark Warner & Tim Kaine with the Western Freeway for Skanska to build 2nd tube. VDOT liked the PPA, had 10yrs to make it happen

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McDonnell was stuck in the agreement.They didn't have to provide workers/maintain the failing bridges and tunnels or roadways.During that time many VDOT workers were fired,or some went to work for Skanska's ERT division. RT460 was a PPA. Somehow they found money. This was a test market for PP& Skanska had a foot in the door for profit control on all bridges in VA. ref: Tide

GOV MCDONNELL WAS NOT "STUCK" HE PUSHED HARD Submitted by 2WildBill2 on Thu, 05/02/2013 at 10:44 am. The McDonnell Administration and HIS APPOINTED VDOT Commissioner "negotiated", wrote AND agreed to the present RIDICULOUS terms of the present "contract".

Previous administrations considered the PPTA solution --- but the ABSOULTE fact is it was Gov McDonnell who allowed "HIS" VDOT to (negotiate?) and push thru what we now have --- Nothing changes that fact. (All --- So he can and DID say I did't raise taxes.)

EZ PASS, DISPARATE IMPACT, POTENTIAL CIVIL RIGHTS LAW SUIT Submitted by Kindred Spirit on Thu, 05/02/2013 at 8:36 am. There are other Civil Rights and Social Justice law concerns here that may be addressed as plan B. The tolls on all three Elizabeth River Crossings have created a virtual "Toll Wall" between Portsmouth, a minority city with a significant poverty level & underserved population. This wall serves to separate or "segregate" the above from job, university, and health care opportunities in Norfolk. The poor may not be able to use EZ Pass as they may not have the funds, checking accounts, or credit cards necessary to pay for it. They will be charged double for the toll to satisfy the EZ Pass admin fee. This is "disparate impact." Denny's Restaurant's slow service to minorities cost over $50 million. The tolls could generate a much larger suit.

REALY, Submitted by rdsphantom on Thu, 05/02/2013 at 9:33 am. You wanting to play the race card? I'm opposed to the high tolls too, but let's not play the race card.

RACING STRIPES Submitted by Art Director on Thu, 05/02/2013 at 10:41 am. While I DO see your point, I'm so distressed by this whole Bungled Bureaucratic Beastly Business, that if the race card helps trump these thieves and void the contract, I say, "PLAY IT"!

CHESAPEAKE EXPRESSWAY TOLLS ILLEGAL AFTER THIS RULEING? Submitted by worldview23451 on Thu, 05/02/2013 at 8:42 am. I have still not heard reaction from the Chesapeake Expressway folks as they are affected by this ruleing. Are the Dulles toll roads in Norther Virginia also illegal after this ruling?

THE CHES EXPRESSWAY Submitted by r.hodges on Thu, 05/02/2013 at 9:32 am. I actually have no problem with the tolls on the Chesapeake Expressway, as there is another route

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you can take down to NC that only adds about 10minutes to the commute, jumping off and taking Battlefield BLVD. The main reason for the fight on the tolls of the DTT and MTT is that there is no other non-tolled route that adds less than a hour to your total commute. The same with the Dulles toll roads. I go up there to Sterling quite often for work; and your GPS can take you to non-tolled routes that only add about 15 minutes to the commute.

THIS DECISIONIS NOT ABOUT PROVIDING AN ALTERNATIVE ROUTE Submitted by worldview23451 on Thu, 05/02/2013 at 9:41 am. While that might be nice for folks the legal merits of this case is calling into question the Public Private Partnership set up in Virginia. Sooo that calls into question ALL such deals and subjects them to being taking to court to be oveturned.

THIS IS THE ONLY ACCURATE STORY Submitted by doobrah on Thu, 05/02/2013 at 8:43 am. Of all the media coverage of this ruling, this account is the only accurate version. All the TV coverage is biased that tolls are coming and the fight isn't over. Since when are TV reporters shills for the government? Thanks, Dave Forster, for not burying the lede: The deal and the tolls are UNCONSTITUTIONAL. And I don't appreciate my taxes funding an appeal based on an unconstitutional premise. I hope the Supreme Court give the Gov and the AG a proper thrashing.

NOTOLLSHR... Submitted by Cit-com on Thu, 05/02/2013 at 9:01 am. ...is about the specific comprehensive agreement between VDOT and ERCO. Although some supporters may object to all tolls, many (if not most) would be willing to pay reasonable tolls for projects that would actually solve problems. This tunnel project is about cash flow for investors, not traffic flow for commuters. Retolling the DTT and old MTT, and charging a buck to go less than a mile on the now-unnecessary MLK X, is about return on investment for ERCO. I definitely object to paying a toll for that! We need a comprehensive plan that includes a closer look at things like Bus Rapid Transit and a fair way to pay for improvements that don't include picking our pockets for private profit.

WILL THERE BE A SUSPEND OF ALL VIRGINIA PPP TOLLS? Submitted by worldview23451 on Thu, 05/02/2013 at 9:37 am. I would think a move would be to suspend all Virginia tolls that have some connection to a Public Private Partnership deal of any sort. At least until this ruleing makes it way through the courts. I wonder if the judge could have done that? Or is this a "Cowboy" legal decision that has no legs?

BAD DECISION Submitted by marks57720 on Thu, 05/02/2013 at 9:52 am. Of course a Portsmouth judge wouldn't want these tolls...it would cut down on the traffic that flows through Portsmouth, etc., (i.e. businesses would be affected, etc.). The problem is now that ALL taxpayers will have to fund these tunnels. And a lot of these taxpayers don't use the tunnels. Totally unfair. Let those who use these tunnels pay for them. Just a fact of life. I hope the tolls are imposed!

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YOU HAVE PAID FOR HIGHWAYS Submitted by 895000 on Thu, 05/02/2013 at 11:06 am. You have paid for highways all over the state that you have never driven on. Many of these highways "go airborne" over small towns. Many other western highways were dynamited through solid rock. If you can find a highway west of Richmond that has a toll then let us know.

AND OTHER THAN I-85, IF YOU Submitted by 895000 on Thu, 05/02/2013 at 11:15 am. And other than I-85, if you can find one of these sophisticated high-speed highways that isn't almost totally devoid of traffic, then let us know about that one too.

TO MARKS5------Submitted by nosoupforyou on Thu, 05/02/2013 at 12:46 pm. This is NOT about Portsmouth residents. With a population of about 100K, if 15% of them used the tunnel every day, the money raised would be less than 60K per day. THINK about that! I use the tunnel about 12 times per year,BUT I gave $250.00 to the No Tolls cause.. That would pay my toll for 5 years at the STARTING rate. These tolls are just the start! Tolls on the M&M,HRBT and the JRB will follow. All YOU have to do is just sit there.

THE MONEY SPENT ON DESIGN BUILD Submitted by vickie123 on Thu, 05/02/2013 at 10:14 am. "Greg Woodsmall,CEO of Elizabeth River Crossings, deferred questions about the future of the project to his attorney.The company has spent $348 million as of March 31,the majority going to its design-build contractor,a partnership Skanska,Kiewit& Weeks Marine,according to its recent monthly report."To bid a job they have to do design-build,test piles etc.If they don't get the job,they take that loss.It's built into the bid.They got paid from for delaying tolls. Simply, redo the contract so they can go forward with their work & all Virginians will pay for it.This does set a presedence on more PPT contracts throughout Virginia. And guess who will be top dog on getting those bids?The judge needs to put a stop work order until this is resolved.

ONE COMMENT SUMS IT ALL UP Submitted by JohnnyRockets53 on Thu, 05/02/2013 at 10:21 am. "Raphael countered that legally, convenience doesn't matter...... "

IS A 13.5% RETURN ON INVESTMENT TOO HIGH? Submitted by jpjones on Thu, 05/02/2013 at 10:24 am. Anyone know (or care) what Bruce Thompson's return on investment for Norfolk's new convention center will be? Any chance anyone is ever going to be able to find out?

Apparently no one cares enough to find out or publish it.

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WHILE THE CITY IS INVESTING Submitted by Esau on Thu, 05/02/2013 at 10:35 am. While the city is investing considerable money in that project, the city has made no annual guarantee of profit such as the ERC deal. There are no non-compete clauses as per the ERC deal. No 60 year contracts to generate $60 billion income for a $2.2 billion project, per the ERC deal. No guaranteed rate raises annually.

PLUS, NAME ONE OTHER COMPANY Submitted by Esau on Thu, 05/02/2013 at 10:45 am. Plus, name one other company who for the next 60 years has a profit guaranteed of 13% . . . by the government.

BIT OF KAINE HISTORY ON THIS DEAL Submitted by worldview23451 on Thu, 05/02/2013 at 11:17 am. Just to add some balance...fact is all of Virginia is in on this deal...

Kaine told WAVY.com the partnership is not a bad deal because they didn't do a good job negotiating, it's bad because Virginia is not a major investor. Back in 2002, Portsmouth Delegate Johnny Joannou told his constituents to vote against a state sales tax hike of one cent on the dollar to pay for roads.

Faced with the General Assembly's refusal to raise taxes to pay for roads, Kaine claims he was left with no choice. "At the end of my administration with the legislature stonewalling with state money, we started a dialogue with the contractor."

http://www.wavy.com/dpp/traffic/tolls/kaine-on-tolls-this-toll-deal-is-bad

FLAT RATE Submitted by RedFlag47 on Thu, 05/02/2013 at 12:23 pm. Lower the tolls on both tunnels to 25 cents, additionally charge the same amount on the Virginia Beach/Norfolk Expressway, the Hampton Roads Bridge Tunnel, I-564-664 & 464 and High Rise Bridge. With this system everyone pays and not just the select few.

SMOKING GUN FOR ALL TO SEE! THIS IS WHAT WE HAVE SAID ALL ALONG Submitted by xslrate on Thu, 05/02/2013 at 12:33 pm. Thank you Governor Allen from way back in 1995!!! http://www.wavy.com/dpp/news/6_1_1995-midday-tolls-removed-coverage

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