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Is SWLRT in legal difficulty?

During the DFL’s bad faith negotiations for a special session, Gov. Dayton and the DFL insisted that the GOP fund the Southwest Light Rail Transit, aka SWLRT, project. Speaker wisely refused. Now we know why it was wise to refuse. On Wednesday, January 13, 2016, Adam Duininck wrote an email to Gov. Dayton and Lt. Gov. Tina Flint-Smith about a variety of topics.

In the 4th paragraph of the second page of the email, Commissioner Duininck said “On the schedule we had been pushing the FTA for a number of weeks to sign off on an aggressive schedule that called for a full funding grant agreement by the end of this year, while President Obama is in office. They have resisted that goal and have said the grant agreement is likelier to come in the middle of 2017.” Later in the email, Commissioner Duininck explains why the FTA is hesitating on signing off.

According to Commissioner Duininck, the FTA is hesitating on signing off because “the reason the FTA refused to move the schedule up is that they are concerned that the litigation risk is still there until Judge Tunheim rules on the Lakes and Park Alliance case.”

Connecting the dots

Judge Tunheim’s dismissal of summary judgement against the Met Council is dated August 4, 2015. Judge Tunheim noted that “The LPA may not have met its summary judgment burden at this point, but the record, specifically the negotiation process and agreements between the Met Council and various cities and other public entities, and public statements regarding those agreements, shows that, throughout much of this process, the Met Council has had a clear favorite route for the SWLRT.”

Judge Tunheim also noted that the case is complex because environmental reviews still need to be approved. That hadn’t happened when he ruled on this motion for summary judgment.

Gov. Dayton and the DFL likely didn’t include SWLRT funding in their bonding bill because of the Tunheim lawsuit. Further, the Kenilworth Preservation Group, through Stuart Chazin, insists that “the Met Council has not made the legally required good faith effort to consider alternatives to the Kenilworth route, and has had secret communication between Sen. Latz and the Met Council that will prove the point.”

There’s no doubt but that this is a tangled legal mess that’ll take time to untangle in the courts. With the outcome still in doubt, funding SWLRT at this point is foolish. That’s likely why the DFL Senate didn’t include SWLRT funding in their $1,800,000,000 bonding bill. Further, it isn’t a stretch to think that the DFL is attempting to paint Republicans as reckless when the truth is that the DFL is trying their best to pander to their urbanist special interest organizations. Finally, it isn’t a stretch to think that Gov. Dayton and politicians like Rep. Thissen are grasping at anything in their attempt to win back the majority in the House.

Today’s DFL are a nasty lot, fully prepared to side with brick-throwing thugs like BlackLivesMatter and the anarchists who attacked Republicans in Minneapolis last weekend. They won’t think twice about sabotaging any project or legislation if they think it’ll help them gain power. That’s who today’s DFL is.

Authored By Let Freedom Ring Blog