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Judge dismisses city’s 710 extension funding suit

October 29, 2009|By Megan O’Neil

The city of La Cañada Flintridge will continue to fight plans to extend the Long Beach (710) Freeway, officials said Monday, despite the recent ruling by a Santa Barbara judge to dismiss a lawsuit that sought to bar Measure R funding from being used on the project.

La Cañada and the city of South Pasadena filed lawsuits contending that the Metropolitan Transit Authority could not use tax dollars generated by Measure R to extend the 710 Freeway because the necessary environmental assessments have not been conducted.

Councilman Steve Del Guercio said a proposed freeway extension would have to comply with the California Environmental Quality Act, or CEQA, and that the required environmental impact reviews have not been completed.

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Superior Court Judge Thomas Anderle ruled on Oct. 13, however, that Measure R is exempt from the definition of a “project” and therefore exempt from prior CEQA review. Further, MTA has not committed to building the extension and therefore the court cannot rule on funding for a project that may happen.

“MTA has not foreclosed other alternatives, including complete abandonment of the tunnel, or abandonment of the gap closure by any means. Therefore, the court cannot find that the allocation either expressly commits MTA to construction of the tunnel, or otherwise creates financial momentum which would cause the court to conclude that MTA has committed itself to construct the tunnel,” Anderle said in his ruling.

The 710 Freeway is a heavily trafficked 23-mile interstate that runs north-south from Long Beach to Alhambra, stopping 4.5 miles short of its originally planned terminus in Pasadena. The proposed gap closure would connect the 710 Freeway with the Foothill (210) Freeway, either above ground or by a subterranean tunnel. Metro has allocated $780 million in Measure R funds for the project.

La Cañada has been fighting the gap closure because traffic studies indicate that it would result in a substantial increased in traffic and noise on the stretch of 210 Freeway that runs through the city. Del Guercio described the project as “expensive and ill-conceived.”

“I am disappointed with the trial court ruling, and the city will be evaluating whether to appeal it,” Del Guercio said. “In the meantime, the city will continue to fight to make sure that any project to extend the 710 Freeway is fairly and objectively evaluation and studied.”

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