AUSTIN, TEXAS – The ongoing legal battle concerning Austin’s Project Connect, an ambitious transit overhaul originally set to introduce 20.2 miles of light rail, subway, and rapid bus routes, is heating up as a court prepares to move forward with a trial. The lawsuit, filed a little over a year ago by a group of local citizens, including Travis County Commissioner Margaret Gómez and former state Senator Gonzalo Barrientos, aims to challenge recent modifications to the project’s funding and structure.
The original timeline for Project Connect was intended to provide the city with substantial improvements in public transit options. However, the project encountered hurdles in 2022 as costs rose due to design changes and inflation. As a result, the project was revised to a shorter, 9.8-mile light rail line, dropping plans for a subway and connections to the airport. This new layout formed the basis of the lawsuit, with the plaintiffs asserting that the voters never approved this new design, making the city’s use of property taxes for funding illegitimate.
Support from Texas Attorney General Ken Paxton fueled the lawsuit, as he issued several opinions stating that the Austin Transit Partnership (ATP) could not legally issue bonds in its current nonprofit status and questioned using city operating taxes to cover project debt. A joint trial combining this lawsuit and another filed by ATP to validate the project’s funding structure was set for June 17.
On June 17, in a significant turn of events, Paxton filed an interlocutory appeal aimed at stalling the trial. However, on October 8, the 15th Court of Appeals dismissed Paxton’s appeal, which claimed that ATP lacked jurisdiction to bring a bond validation lawsuit. This decision clears the way for the trial to proceed.
Austin’s Mayor, Kirk Watson, commented on the court’s decision through social media, labeling Paxton’s previous objections as a “blatant delay tactic.” He expressed confidence that the case would proceed to trial, stating, “The facts and the law are on our side.”
ATP’s Executive Vice President of Legal Affairs, Casey Burack, stated their appreciation for the court’s swift dismissal of what they termed a “meritless” appeal. Burack emphasized the importance of confirming that ATP had complied with relevant state laws in moving the project forward. He stated, “We look forward to our day in court. ATP will continue to advance Austin Light Rail with our community.”
As the trial looms, the implications of the findings could be substantial. If the case remains tied up in legal proceedings when the next legislative session starts, it might provide Paxton and other opponents a stronger chance of tackling Project Connect’s funding and operational plans. Some legislators in Texas have been openly against the project, and the previous attempts to hinder it have placed many in a politically sensitive position.
Watson also noted that if Paxton continues his legal maneuvers, it would reflect the weakness of his arguments. “It will speak volumes about the strength of Ken Paxton’s argument if he continues to stall a decision by appealing to the Texas Supreme Court,” Watson concluded.
The future of Austin’s transit system hangs in the balance, and many residents hope for a timely resolution that could finally pave the way for enhanced transportation options in the city. As this legal situation develops, the community eagerly awaits the next steps toward seeing Project Connect realized.
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