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Rail News Home Passenger Rail

2/22/2001



Rail News: Passenger Rail

Texas court agrees to expedite Houston light-rail appeal


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The Court of Appeals for the First District of Texas agreed last week to
expedite an accelerated appeal filed by Metropolitan Transit Authority of
Harris County, Texas (Metro)
, following a Feb. 2 temporary injunction
against Houston's MetroRail, a 7.5-mile light-rail system for which
construction had been slated to begin earlier this month.



"We are very pleased the Court of Appeals is giving this case priority
treatment, considering all that is at stake," said Metro attorney Jonathan
Day, in a Feb. 13 prepared statement. "It's very important that we get a
clear ruling before Metro's bids for construction expire."



Houston's city council approved the light-rail project in November 2000 by
an 11-4 vote, but Councilman Rob Todd filed suit against the city and
Metro, claiming Metro is a business that must operate under a franchise
agreement - not a government entity. Under the franchise agreement, city
council approval would be insufficient; Metro would need to put its request
to build on city streets to a public vote.



Following the Feb. 2 injunction, Metro's board elected not to award any
light-rail construction contracts, including $115 million worth for the
construction of the five line segments; $11.2 million for improvements to
Fannin Street; $2.4 million for a reimbursement agreement with Reliant
Energy/Entex for underground facilities relocation and adjustment; and
$333,500 for a reimbursement agreement with MCI WorldCOM for conduit,
manhole and cable facilities relocation.



Submissions regarding Metro's appeal are due Feb. 26. The case will be
submitted to the court March 1.

Slated for a 2004 launch, MetroRail's Downtown-to-Astrodome light-rail line
would follow the Main Street Corridor, linking Downtown, Midtown, the
Museum District, Hermann Park, the Texas Medical Center and the
Astrodomain.