Syracuse, N.Y. – A state Supreme Court judge today modified his injunction halting work on the Interstate 81 project to allow state transportation officials to do paperwork necessary to award the first construction contract for the $2.25 billion project.
But the order from Justice Gerard Neri still prohibits the state from doing any physical work on the highway until a lawsuit aimed at blocking the I-81 project is decided.
Attorneys for the state Department of Transportation said today’s decision could save taxpayers “tens of millions” of dollars that would be at risk if the DOT misses a Jan. 14 deadline to finalize the first contract.
Lawyers for Renew 81 for All, the group that sued to stop the I-81 project in its current form, did not object to DOT doing paperwork as long as no physical work is done.
In a ruling from the bench, Neri today modified his temporary restraining order of Nov. 10 that prohibited any work – including paperwork – from proceeding at least until the lawsuit returns to court Jan. 12.
Renew 81, led by former Syracuse Police Chief Frank Fowler, is fighting DOT plans to replace the I-81 viaduct through Syracuse with a street-level community grid. The group claims the plan would increase pollution and traffic jams, among other ills, and advocates replacing the viaduct or building a “sky bridge” through the city.
The DOT approved the community grid plan earlier this year, after 14 years of study.
At the Jan. 12 hearing, lawyers for Renew 81 will present oral arguments aimed at persuading Neri to nullify the state’s environmental review of the community grid plan and to require the state to “proceed with an alternative.’' The DOT will argue that Renew 81′s case should be dismissed.
The first of eight DOT contracts for work on the community grid project is due to be awarded by Jan. 14, according to Meredith Lee-Clark, an assistant attorney general representing the DOT. Missing that deadline would be costly, she told Neri. The state would lose months of work and millions of dollars if it were forced to rebid the contract or award it to the second-choice bidder, she said.
On the other hand, if the state loses the Renew 81 lawsuit and is forced to nullify the contract after signing it, the DOT would only be liable to pay the contractor for work done to that point, Lee-Clark said. State officials said no physical work is scheduled to be done on the 81 project at least until March 15.
Neri today also indicated that he will allow the City of Syracuse to join the lawsuit as an interested party on the side of the state.
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