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Lawsuit threatens Metro expansion plans

10:59 PM CDT on Thursday, April 12, 2007

By Jeremy Desel / 11 News

Jeremy Desel's 11 News report

A lawsuit now threatens to derail Metro's plans for light rail expansion in Houston. If it is successful, the entire process may have to start from scratch.

Getting the light rail cars on the track has been a battle from the start.

The 2003 referendum allows Metro to fund its share of the expanded transit plan known as Metro Solutions passed by a razor thin 51 to 49 percent.

Now it is the ballot measure itself and how Metro has put it to use that is coming under fire.

Daphne Scarbrough says she been asking Metro questions about the rail plans for two and a half years. 

11 News

A lawsuit threatens Metro's plans to expand light rail lines in Houston.

"I have no answers. I am tired of asking the questions. And now Andy will get to ask the questions,” said Scarbrough.

“Andy” is attorney Andy Taylor who representing Scarbrough.

"Metro's day of reckoning has come. It's time for the citizen's of Houston to know once and for all the truth,” said Young

Ideally, they would like to use a lawsuit to shut the plan down completely. The filing seeks to force Metro officials to testify under oath, look at finances and the technology and routes claimed in the ballot measure-

"They are in Bait and Switch. They won't agree and how long does it take Metro officials to stand up and confess that they can't get the job done with what the voters approved,” said Taylor.   

For its part, Metro said it has been anticipating legal action; the only real surprise is that it is coming so late in the process.

“It is a fishing expedition. They've said we want to come in and see if you have done anything wrong,” said Metro Chairman David Wolfe.

The fine print of the Ballot measure will be the major issue. Can Metro change routes, even change technology from rail to bus rapid transit?

Is that a violation of the letter or spirit of the referendum?

"The spirit is to get it built. Not to go through motions the way we have in the past. We are terribly behind other cities... We are working very hard to get this build. That is the spirit. Get it built,” said Wolfe.

If you look closely at the ballot measure, you'll find specific route and mileage for new rail lines, but you will also find language that says nothing is set in stone except for the amount of money Metro can spend.

Time is of the essence at least for Metro opponents. That is because Metro is set to approve $1 billion in contracts at this month’s board meeting in two weeks.

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