Court discards bridge contract

By HUNTER GEORGE

Associated Press

OLYMPIA – The state’s effort to hire a private firm to finance, build and operate a toll bridge over the congested Tacoma Narrows hit speed bumps Thursday when the state Supreme Court dumped the contract.

The nine-member court unanimously agreed that the project violates a 1961 law that banned tolls from the existing bridge. The court also said the state exceeded its authority by giving a private entity the ability to set tolls.

The ruling was a victory for Gig Harbor-area residents who have been desperately trying to block the project on the grounds that they would end up paying the most for it.

“I think the fact it’s a unanimous ruling only verifies the strength of our case,” Randy Boss, a Gig Harbor real estate agent who has been one of the project’s most vocal critics, said as his phone rang with people calling to congratulate him.

State Transportation Secretary Sid Morrison noted that the high court rejected a constitutional challenge to the law authorizing the state to find private investors to pay for expensive transportation projects.

He predicted the project will proceed after the state Transportation Commission and United Infrastructure Washington, the construction firm hired to run the project, either negotiate a new contract or ask the Legislature to repeal a pair of old laws.

“It puts a couple of speed bumps in our way. We think those can be worked out,” Morrison said.

The state and UIW had hoped to clear all legal hurdles this year so that bonds could be sold as early as next month and construction could begin soon after.

Construction could still begin next year if the state and the firm can renegotiate the contract, Morrison said. The project likely would be delayed a year if the Legislature gets involved.

The project is expected to cost more than $800 million in construction, financing and contingency charges.

The Peninsula Neighborhood Association, in a lawsuit filed in July 1999, challenged the project from its inception under a 1993 law known as the Public-Private Initiatives Act.

The state hired UIW to build a new bridge, modify the existing bridge, and operate and maintain the pair.

A toll would be charged over the new bridge, which would carry three lanes of traffic eastbound across Highway 16 toward Tacoma. The existing 50-year-old bridge would carry traffic westbound to Gig Harbor.

Under the agreement, UIW would sell bonds to finance the project and then repay the bonds and earn a yet-to-be-determined profit by charging a round-trip toll across the new bridge. The initial toll was to be set at $3.

The neighborhood group argued that the Public-Private Initiatives Act was unconstitutional, and if it wasn’t, that the contract was illegal.

In January, Thurston County Superior Court Judge Daniel Berschauer dismissed the challenge, saying the law was constitutional and the contract the state signed with UIW was valid. The neighborhood group appealed.

On Thursday, the Supreme Court rejected the group’s claim that the Public-Private Initiative Act was unconstitutional, which Morrison called a crucial element of the ruling.

But the high court, in a decision written by Chief Justice Richard Guy, agreed the project is at odds with the 1961 law declaring that the Narrows Bridge would be a “toll-free facility” once its construction debt was paid off. The debt was repaid in 1965 and the toll came off.

Even if the existing bridge were allowed to have a toll, Guy added, the state transportation agency exceeded its authority by agreeing to let a private entity determine the toll rate on the existing bridge.

State law gives toll authority to the Transportation Commission, a citizen panel that oversees the agency, he said.

The state Attorney General’s Office had argued that the Public-Private Initiatives Act should supersede earlier statutes, including the one declaring that the existing bridge would be operated toll-free.

The state also had said the law did not prohibit it from undertaking a new project that would be financed through tolls.

Copyright ©2000 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Everett Historic Theater owner Curtis Shriner inside the theater on Tuesday, May 13, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Historic Everett Theatre sale on horizon, future uncertain

With expected new ownership, events for July and August will be canceled. The schedule for the fall and beyond is unclear.

Contributed photo from Snohomish County Public Works
Snohomish County Public Works contractor crews have begun their summer 2016 paving work on 13 miles of roadway, primarily in the Monroe and Stanwood areas. This photo is an example of paving work from a previous summer. A new layer of asphalt is put down over the old.
Snohomish County plans to resurface about 76 miles of roads this summer

EVERETT – As part of its annual road maintenance and preservation program,… Continue reading

City of Everett Engineer Tom Hood, left, and City of Everett Engineer and Project Manager Dan Enrico, right, talks about the current Edgewater Bridge demolition on Friday, May 9, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
How do you get rid of a bridge? Everett engineers can explain.

Workers began dismantling the old Edgewater Bridge on May 2. The process could take one to two months, city engineers said.

Smoke from the Bolt Creek fire silhouettes a mountain ridge and trees just outside of Index on Sept. 12, 2022. (Olivia Vanni / The Herald)
County will host two wildfire-preparedness meetings in May

Meetings will allow community members to learn wildfire mitigation strategies and connect with a variety of local and state agencies.

Helion's 6th fusion prototype, Trenta, on display on Tuesday, July 9, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Helion celebrates smoother path to fusion energy site approval

Helion CEO applauds legislation signed by Gov. Bob Ferguson expected to streamline site selection process.

Vehicles travel along Mukilteo Speedway on Sunday, April 21, 2024, in Mukilteo, Washington. (Ryan Berry / The Herald)
Mukilteo cameras go live to curb speeding on Speedway

Starting Friday, an automated traffic camera system will cover four blocks of Mukilteo Speedway. A 30-day warning period is in place.

Carli Brockman lets her daughter Carli, 2, help push her ballot into the ballot drop box on the Snohomish County Campus on Tuesday, Nov. 5, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Here’s who filed for the primary election in Snohomish County

Positions with three or more candidates will go to voters Aug. 5 to determine final contenders for the Nov. 4 general election.

Sound Transit approves contract to build Bothell bus facility

The 365,000-square-foot facility will be the heart of the agency’s new Stride bus rapid transit system, set to open in 2028.

One dead in Everett crash involving motorcycle and two vehicles

Police shut down the 10300 block of Evergreen Way in both directions during the multi-vehicle collision investigation.

Katie Wallace, left, checks people into the first flight from Paine Field to Honolulu on Friday, Nov. 17, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
Executive order makes way for Paine Field expansion planning

Expansion would be a long-range project estimated to cost around $300 million.

A person pauses to look at an art piece during the Schack Art Center’s 50th anniversary celebration on Thursday, Oct. 10, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Everett to seek Creative District designation

The city hopes to grow jobs in the creative sector and access new grant funds through the state label.

Former Herald writer Melissa Slager’s new book was 14-year project

The 520-page historical novel “Contests of Strength” covers the 1700 earthquake and tsunami on Makah lands.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.