Toll suit moved to federal court

PORTSMOUTH, Va. (WAVY) - A lawsuit filed against VDOT and Elizabeth River Crossings in Portsmouth court has been moved to federal court.

The lawsuit was filed July 12 in City of Portsmouth Circuit Court in an effort to stop the Virginia Department of Transportation and Elizabeth River Crossings, a private company, from imposing tolls on drivers who use the Downtown and Midtown tunnels.

Elizabeth River Crossings filed documents to move the lawsuit to U.S. District Court for the Eastern District of Virginia.

The tolls would cost drivers between $1.59 and $1.84 each time they drive through the tunnels.

Citizens Against Unfair Tolls raised $150,000 to hire Richmond attorney Patrick McSweeney to represent them. McSweeney filed the lawsuit claiming the deal to build another tube at the Midtown tunnel and extend the Martin Luther King Freeway between Interstate 664 and 264 is illegal.

The plaintiffs claim VDOT and Elizabeth River Crossings imposing tolls on drivers are not "genuine user fees, but are taxes" that an "unelected entity" (Elizabeth River Crossings) was not given permission to impose.

Proposed tolls at the two tunnels are delayed until 2014. Virginia Governor Bob McDonnell asked the Commonwealth Transportation Board to set aside $100 million to put the project off as a response to mounting pressure from the Hampton Roads community.