(VA) Toll opponents file petition for high court rehearing
http://hamptonroads.com/2013/11/toll-opponents-file-petition-high-court-rehearing
Toll opponents file petition for high court rehearing
By Dave Forster
The Virginian-Pilot
© November 27, 2013
It wasn't the tolls per se that violated the state's constitution, but the profit they will generate for a private company.
That's the gist of the argument that opponents of the Midtown Tunnel project are using to try to get the Supreme Court of Virginia to take another look at their case.
The plaintiffs filed a petition for a rehearing on Tuesday, less than four weeks after the Supreme Court unanimously issued a ruling that cleared the way for tolling of the Midtown and Downtown tunnels to begin Feb. 1. They cannot appeal the matter to the U.S. Supreme Court because there is no federal issue in play.
Petitions for a rehearing are rarely granted, and the chances of one leading to a reversed decision are rarer still, according to Steve Emmert, a Virginia Beach appellate attorney who closely follows state Supreme Court actions.