The Supreme Court of Virginia has upheld the State Corporation Commission’s (SCC) September 2024 decision (PDF) denying the toll rate hike requested by Greenway toll road operator Toll Road Investors Partnership II (TRIP II). The court found that the SCC properly applied the statutory standards to the evidence presented, particularly the SCC decision that the Greenway toll rate hikes were not reasonable in relation to the benefits to users.
“I am pleased that Loudoun County’s position on Greenway toll increases has once again been validated,” said Loudoun County Board of Supervisors Chair Phyllis J. Randall. “First the SCC and now the Supreme Court of Virginia has determined that the proposed toll increases were excessive and unnecessary; these rulings protect Loudoun residents. I’m grateful to the county’s legal team and all of the residents who testified for fairness over the past number of months.”
“Of particular note, the Supreme Court addressed TRIP II’s contention that the 2021 statutory changes and its application by the SCC constituted an unconstitutional taking of their property,” said Loudoun County Attorney Leo P. Rogers. “Consistent with the county’s arguments to the General Assembly and the SCC, the Supreme Court rejected TRIP II’s assertion.”
TRIP II had sought a toll increase for most cars to $8.10 during peak hours and $6.40 during off-peak hours. Loudoun County requested to participate in the case before the SCC because the county believes decades of increased tolls on the Greenway prevent drivers from using it, which results in increased congestion on public roads in the county and forces Loudoun County to expand other roads at public expense.
“Today’s decision affirms the county’s strategy to protect drivers from unreasonable Greenway tolls,” said Dulles District Supervisor Matt Letourneau. “The County put together a comprehensive, professional and unassailable case against the Greenway’s proposal to raise tolls which persuaded the State Corporation Commission and now the Virginia Supreme Court. I sincerely appreciate all the of the residents that weighed in during this process, the outstanding work of County Attorney Leo Rogers and outside counsel, Attorney General Miyares, who supported the County’s position, and the members of the General Assembly that have supported us over the years, especially former Delegate David Ramadan who began this fight over a decade ago.”
The Attorney General of Virginia published a statement indicating that, “under Virginia law, toll increases must be reasonable to the user in relation to the benefit received. TRIP II’s proposed rate failed on multiple fronts. The Virginia Supreme Court upheld the Commission’s finding that the proposed tolls were unjustified and unreasonably burdensome on the public.”
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