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Lawsuit against Dulles Toll Road dismissed

Sunday - 7/10/2011, 10:14am  ET

WASHINGTON - A judge has dismissed a lawsuit filed by two Northern Virginia men who claim the Metropolitan Washington Airports Authority doesn't have the authority to set rates for the Dulles Toll Road.

The plaintiffs, John Corr, of Great Falls, and John Grisby, of Hillsboro, Va., filed the lawsuit because they think it's illegal for the MWAA to set rates for the road and take in more than what's actually needed to operate it, with the extra money going to pay for the Metro rail extension to Dulles International Airport.

In suit alleges that the General Assembly never gave the MWAA authority to set tolls for a road they view as a public service.

U.S. Eastern District Judge Anthony Trenga disagreed last week, writing "this position, however, flies in the face of a long series of legislative acts that clearly authorizes the MWAA to set tolls."

Trenga concluded that the plaintiffs lack prudential standing to bring the case in the first place.

The two men immediately filed a notice of appeal. The Loudoun Times reports that two men are seeking a class action classification.

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