All things considered, I suppose this was inevitable.
A homeowner’s association is suing Metro over its involvement in plans to run bus lanes along Post Oak Boulevard, saying the project puts the agency at odds with a 2003 referendum that included adding a rail line along the corridor.
The lawsuit was filed Monday just minutes after Mayor Annise Parker and the Uptown management district cheered the start of the $192 million project, lauding it as an example of Houston’s transit future. The plan calls for adding two dedicated bus lanes – one in each direction – along the center of Post Oak. Special lanes also would be added along Loop 610 between a future Bellaire Transit Center and the Northwest Transit Center near Interstate 10.
“It’s about taking our signature retail boulevard and making it something that’s not a traffic-choked freeway,” Parker said.
“The time is now,” Metro Chairman Gilbert Garcia said.
A block away, opponents called the project illegal, saying Metro has no authority to participate when voters in 2003 approved light rail for the Post Oak corridor. As part of the lawsuit, Sen. Robert Nichols, R-Jacksonville, has requested an opinion from the Texas Attorney General’s office as to the legality of Metro’s involvement. Nichols chairs the senate’s transportation committee.
“We’re asking all these government agencies, ‘don’t be arrogant,’ ” attorney Andy Taylor said. “Hold tight and make sure that what you’re doing is in the public interest.”
See here for some background. Rule #1 of politics around here: If Andy Taylor is on your side, you’re on the wrong side. (*) And much more often than not, the side that’s gonna lose.
Metro submitted a similar inquiry to then-Texas Attorney General Greg Abbott last year at the request of the Texas Department of Transportation. The state agency was wary of offering funds for the elevated lanes along Loop 610 if it meant jumping into a lengthy, bitter debate surrounding light rail in the area. So at TxDOT’s request, Metro sought to clarify whether an agreement with the state agency, which specified the bus project “will not support a rail component,” put Metro in conflict with its 2003 referendum. To be clear, Metro would be operating the buses, not funding the construction of the actual lanes. The project pulls heavily on Uptown tax increment reinvestment zone funds and some U.S. Department of Transportation grant money.
The agency told the Attorney General’s office it no longer needed an opinion when TxDOT said its concerns had been eased and the agreement was not necessary. That was in part because federal lawmakers approved a fiscal 2015 spending plan, including language inserted by Rep. John Culberson, R-Houston, that forbid any federal money from going to rail projects along Post Oak north of Richmond, and Richmond west of Shepherd.
In the lawsuit, Taylor said that voters have consented only to light rail along the corridor and that any work specific to bus rapid transit should wait until the Texas Attorney General’s office issues a response to Nichols’ request. Taylor is representing the Cosmopolitan Condominium Association, which sits along Post Oak, and Jim Scarborough, a vocal opponent of the project and property owner in the area.
Scarborough has led opponents, largely business owners, who say the bus plan will disrupt the flow of traffic on Post Oak and discourage drivers from wanting to traverse the bustling corridor. At town hall meetings and news conferences, they’ve also said that the plan is a real estate deal disguised as a transit project that benefits some Uptown board members whose companies are in the right of way. Some of those companies will receive payments for their land from the TIRZ in order to widen Post Oak.
Taylor dismissed any notion that the lawsuit amounted to a last-ditch effort to thwart the project rather than a substantive suit.
“Metro should immediately announce its abandonment of the project, admit that it violates Metro’s contract with the voters, and, should it desire to pursue light rail, then, in accordance with its recent agreement with Congressman John Culberson, go back to the electorate with a new referendum on whether light rail should be approved on Post Oak Boulevard,” Taylor said in the lawsuit.
A “last-ditch effort to thwart the project rather than a substantive suit” is pretty much how I’d describe it. There’s nobody involved with that lawsuit that actually wants a light rail line to be built, they just want to force Metro into a no-win position. I am hopeful that a judge will give this litigation the lack of respect it deserves.