-TRJ Corr et al v. Metropolitan Washington Airports Authority, No. 1:2011cv00389 - Document 22 (E.D. Va. 2011)

Court Description: MEMORANDUM OPINION re: 6 MOTION to Dismiss for Failure to State a Claim by Metropolitan Washington Airports Authority. Signed by District Judge Anthony J Trenga on 07/07/2011. (kbro)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division JOHNB.CORR,e/a/., Plaintiffs, METROPOLITAN WASHINGTON AIRPORTS AUTHORITY, Defendant. ) ) ) ) ) ) ) ) ) No. l:ll-cv-389(AJT/TRJ) ) MEMORANDUM OPINION As alleged in the Complaint, Plaintiffs John B. Corr and John W. Grisby (collectively "Plaintiffs") are residents of Virginia who, for the past 15 years or more, have used and continue to use the Omer L. Hirst-Adelard L. Brault Expressway, also known as the Dulles Toll Road (the "Toll Road"). Concerned by the continuing increase in tolls assessed for the use of the Toll Road, the cost of the Metrorail extension to Dulles Airport financed through the increase in tolls, and what the Plaintiffs perceive as a lackof authority and accountability on the part of an unelected entity that establishes those tolls, the Plaintiffs filed this class action against the Metropolitan Washington Airports Authority ("MWAA") on behalf of themselves and all drivers who have used the Toll Road in Virginia since 2005. At the heart of Plaintiffs' claim is the contention that they have been, and are continuing to be, subjected to tolls for their use of the Toll Road they consider excessive. In that regard, and as discussed in more detail below, Plaintiffs claim that because the amount of these tolls were set, not to cover costs associated with maintaining and operating the Toll Road itself, but in order to generate funds necessary to cover the costs associated with the construction of a Metrorail line extending to Dulles

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