NJ Court Denies Turnpike Authority Motion; Allows Parkway Suit to Proceed

Last week Tri-State issued a press release stating that the New Jersey Turnpike Authority had made a motion to sanction Tri-State in its  suit over the Garden State Parkway widening, potentially leading to Tri-State paying thousands of dollars for NJTA’s legal fees. The request, accompanying a motion to dismiss the case, appeared to serve no other purpose than to delay the case and intimidate a government watchdog organization.

Late last week, the court denied NJTA’s sanction request and its underlying motion to dismiss.  The decision came in the form of an order, so there was no opinion from the court on the matter, but it still sends a strong message to the NJTA and allows the case to proceed on its merits.

Tri-State is challenging NJ DEP’s approval of three permits, a Freshwater Wetlands permit, Waterfront Development permit and a Coastal Wetlands permit – all three approved without public notice.  NJTA is a third party in the suit. The agency is spending nearly a billion dollars to widen the Parkway, even though its own traffic numbers show that this won’t solve long term congestion problems.

The order should be considered a small victory for everyone who values the right to petition state action in our courts.

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