Aug 28, 2008
Out of State Intermodal Trouble
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Board to sue over rail facility
Montgomery County is expecting to spend up to $250,000 in legal fees to pursue the case.
By Kevin Litten 381-1643
Montgomery County officials on Tuesday announced plans to file suit against the state over its plan to spend $40 million in public funds on the Norfolk Southern intermodal facility in Elliston, saying it violates the state constitution's prohibition on spending state money on private industry.
Supervisor Gary Creed said the county is expecting to pay as much as $250,000 in legal fees to pursue the case, which he described as a confrontation over how public money can be spent.
"The truth is, if Norfolk Southern was doing this with all their money, there's nothing in the world that would stop it," Creed said.
Transportation Secretary Pierce Homer, who announced Aug. 19 that Elliston had been chosen as the $50.5 million project's location, could not be reached for comment Tuesday. Norfolk Southern spokeswoman Susan Terpay declined to comment, citing the pending litigation.