In 2001, the price for Legacy was $451 million. After the court injunction, UDOT was forced to pay its contractor another $17 million, bringing the tab to $468.

With increased costs of construction materials and Legacy's reputation in the contracting community, that price has risen by $217 million. An additional court challenge would bring the total cost of the road to about $760 million, according to UDOT officials.

"You can't argue with that," said spokesman Tom Hudachko. "It's a fact. Right now the road would have been built and it would have been built for the original budget if a lawsuit had never been filed."

Heileson disagrees, pointing to a 10th Circuit ruling in 2001 where UDOT was told to halt construction.

The court opinion reads: "Although intervenors (UDOT) have presented substantial evidence that they will incur a financial loss if the injunction is granted, it appears that much of this harm is self-inflicted."

Further statements from the court say the department was aware of several court challenges of Legacy but still chose to proceed with construction.

Opponents believe Njord and UDOT are trying to hide responsibility for that action in an effort to obtain money from the Legislature.

Lawmakers are currently in a battle over how to spend extra money in the state's budget. Transportation is a top contender in that fight, with the governor proposing $35 million for transportation projects and members of the House asking for $85 million.

"It's a political game to try to paint their opponents as being bad," said Robert Adler, a University of Utah law professor and Legacy opponent. "They're misplacing the blame for why the project costs are skyrocketing."

What's worse, Adler said, is that Njord and state lawmakers are missing the reason why opponents are fighting Legacy.

Opponents say they have a better plan — one that would lessen the need for budget fights at the Legislature. They call it "smart growth," something that focuses on transit and mixed-use, walkable developments.

"The real issue with transportation is how to use the dollars we have more effectively," Adler said. "Building more roads only breeds more need to build roads in the future, and it just gets more and more expensive."

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E-mail: nwarburton@desnews.com; zman@desnews.com