Critics Will Appeal Legacy Decision

The battle over the Legacy Highway rages on.

Critics of the controversial project decided Tuesday to appeal a judge's decision which gave the green light to construction of the highway. The opponents will send their lawsuit to the federal Circuit Court in Denver.

Environment Specialist John Hollenhorst has the story.

Online Poll: Should Legacy Highway Be Built? Vote Links Legacy Parkway Web Site Stop Legacy Highway Web Site Virtual Tour of Proposed Highway Artist's Renderings Past Stories Judge Won't Stop Legacy Highway Aug. 13, 2001 Legacy Highway Trial July 26, 2001 Opponents Ask Judge To Consider New Data June 10, 2001 Highway Costs Will Exceed $451 Million May 24, 2001 Construction Pushed Back To August May 17, 2001 Opponents Sue To Stop Highway Jan. 17, 2001 Legacy Highway: Full Speed Ahead? Jan.10, 2001

Before they go to court in Denver, the Sierra Club will go back to federal court in Salt Lake. They'll ask federal judge Bruce Jenkins to order a stay, so that state highway crews won't be bulldozing wetlands while the appeal works its way through the courts.

Before they can turn this pastoral landscape into a freeway, UDOT planners have at least one more big hurdle to get over. Court action in Denver.

Legacy highway opponents are pressing on, in spite of their loss in the lower court.

MARC HEILESON/SIERRA CLUB: "OUR ATTORNIES FEEL VERY OPTIMISTIC THAT WE WILL HAVE A STRONG CASE IN THE COURT OF APPEALS."

Attornies plan to narrow the focus of their appeal.

They say the state has a legal duty to protect wetlands and didn't choose, or even study, less destructive transportation alternatives.

UDOT disagrees.

BYRON PARKER/LEGACY PROJECT LEADER: "WE FEEL LIKE THAT WE PREPARED A GOOD ENVIRONMENTAL DOCUMENT AND DOCUMENTED ALL THE STUFF AND WE FEEL LIKE WE'LL PREVAIL IN THE LONG RUN."

State contractors are doing some work already and there are no plans to back off, or slow down.

BYRON PARKER/LEGACY PROJECT LEADER: "ANYTIME WE DELAY IT, THEN IT'S GONNA COSTS US MORE MONEY. OUR PREFERENCE IS TO STAY ON SCHEDULE."

Davis County motorists are anxious for some kind of relief from frequent traffic jams on I-15.

Opponents claim mass transit is the answer.

MARC HEILESON/SIERRA CLUB: "WESTERN DEVELOPMENT HAS SHOWN THAT WHEN YOU BUILD A FREEWAY, IT ENCOURAGES MORE DRIVING AND SPRAWL, YOU END UP MAING THE PROBLEM WORSE. DAVIS COUNTY NEEDS TRANSPORTATION OPTIONS. BUT IT'S NOT THE LEGACY HIGHWAY."

But planners say a mix of transit and freeway is needed. And they point out they're still buying land to make new wetlands as a way of mitigating the impact of the freeway.

BYRON PARKER/LEGACY PROJECT LEADER: "WE HAVE 2,100 ACRES OF MITIGATION LAND, WHERE THERE'S ABOUT 750 ACRES OF WETLANDS IN THERE, THAT WE'RE GOING TO PRESERVE FOREVER."

The schedule is a little bit unclear right now. Opponents will likely be back at the courthouse in the next couple of days, but it's hard to predict when, or if, the courts will delay the project.

--Aug. 14, 2001--