Toll Road Owner Sues to Block New Free Lanes

ORANGE COUNTY — Fearing that a drastic reduction in business that would irreparably damage the economic viability of the 91 Express Lanes, the road’s owner filed a suit against state transportation officials Friday to permanently block additional free lanes.

The suit alleges that a Caltrans project involving a new 3.3-mile freeway stretch beside the congested road directly violates the 1990 franchise agreement for the express lanes.

“We’re asking the court for an injunction to require them to stop working on the project,” said Greg Hulsizer, general manager for the toll road. “We regret that the action is necessary.”

The $140-million road runs 10 miles from the Riverside County line to the Costa Mesa Freeway. To safeguard its investors, the company’s franchise agreement with Caltrans severely limited the state’s right to build additional lanes along the tollway.

The toll lanes rely on heavy traffic for business. A “congestion pricing” system on the road charges motorists most at peak rush hours. But more free lanes could mean less congestion and, in turn, less business for 91 Express Lane backers, who invested in the road to make a profit.

A study performed by Wilbur Smith Associates, the tollway’s traffic consultant, found that Caltrans’ plans for additional lanes would result in a “revenue reduction in the range of 40% to 50% per year for the years from 2001 to 2015.”