The Virginia Supreme Court has revived a lawsuit challenging the constitutionality of the state's planned transfer of the Dulles Toll Road to the Metropolitan Washington Airports Authority. The court unanimously ruled Friday that Richmond Circuit Judge Margaret Spencer erred in ruling that state transportation officials and agencies had sovereign immunity in the case. Two northern Virginia residents claim the transfer would violate the state Constitution because it wasn't approved by the General Assembly. Under a 50-year agreement, the airports authority would operate the road and collect tolls, some of which would be spent on construction of a 23-mile Metrorail extension to Dulles. The plaintiffs want their toll fees to go toward maintenance of the road rather than the rail project.
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