SEATTLE — The Washington Supreme Court ruled Thursday that the state can go ahead with plans to build light-rail tracks on the Interstate 90 bridge over Lake Washington, citing agreements dating back to the 1970s that gave priority to public transit on the bridge.
The justices agreed with Kittitas County Superior Court Judge Michael Cooper’s grant of summary judgment that an agreement between the Washington Department of Transportation and Sound Transit does not violate the state constitution.
The lawsuit and appeal were brought by plaintiffs including Bellevue developer Kemper Freeman Jr., who is known for building the Bellevue Square Mall. They argued that the state was misusing highway dollars by giving freeway lanes over to mass transit.
In their appeal of the lower court ruling, they offer as evidence a 1944 voters pamphlet that characterizes Article II, Section 40 of the state constitution as saying highways are strictly for motor vehicle use because they are built and maintained using motor vehicle license fees, fuel taxes and other revenue intended for highway purposes.