From Deseret News archives:

Legacy lawsuit is all but settled

Published: Monday, Oct. 31, 2005 11:37 p.m. MST
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The deal is almost done.

At about 10:30 p.m. Monday, the Utah Department of Transportation and plaintiffs in the 2001 suit that halted construction of the Legacy Parkway signed off on a final settlement agreement involving the 14-mile roadway from North Salt Lake to Farmington.

Now all that's left is for the Legislature to vote yes or no on the settlement agreement, which could lead to construction of the parkway this spring. A special session to approve the deal is tentatively scheduled for Nov. 9.

The final agreement is the result of more than a month of work by the Legislature to define and clarify provisions in a framework agreement signed last month by Gov. Jon Huntsman Jr. and a representative from the Sierra Club.

The framework agreement included the following provisions: a ban on trucks, no billboards, speed limit reduced to 55 mph and $2.5 million for a transit study in south Davis County.

In drafting the final agreement, the ban on "trucks" proved to be the most contentious issue in that lawmakers and the plaintiffs disagreed on how a "truck" should be defined.

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The final agreement, which is 27 pages long, defines a truck as anything over 80,000 pounds or with five axles — basically a semitrailer truck.

John Njord, UDOT executive director, said Monday was another milestone for the state in its efforts to get Legacy built. As of now, he said, the plan is to call a special session on Nov. 9 to either approve or reject the deal.

The governor's office has yet to formally agree to the special session date. When the special session is called, lawmakers will have to approve two pieces of legislation: one banning "trucks" on the roadway; the other, the final Legacy settlement.

"What's important to know here is that we have found some solutions that will avoid future litigation on this project," said Njord.

But whether the Legislature will approve the agreement remains to be seen. Votes are still tenuous in the House; the Senate appears likely to agree to it.

"We certainly still have work to do in the Legislature," said Njord.


E-mail: nwarburton@desnews.com

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