May 11, 2009 7:35 pm US/Eastern
'Civil Action' Lawyer Sues Mass. Pike
BOSTON (WBZ) ―
Angry turnpike toll payers have put Atorney Jan Schlichtmann, made famous by the bestseller and movie "A Civil Action," in the driver's seat of their class action suit against the Massachusetts Turnpike.
"This is exactly taxation without representation. This is what we fought and bled for and Massachusetts led the way," said the trial lawyer who was portrayed by John Travolta in the film about the notorious Woburn chemical pollution case.
Schlichtmann is representing Sandra Murphy of Natick and two other lead plaintiffs in their pursuit of a massive refund for Pike toll payers who say they're unfairly subsidizing the $22 billion "Big Dig," the most expensive highway project in U.S. history. "I recently learned that is illegal and I hope we bring some fairness to the system," said Murphy.
A spokesman for the Mass. Pike says it has a policy of not commenting on pending litigation.
Schlichtmann says up to 60 cents of each turnpike toll dollar is being used to pay for "the sins of the 'Big Dig'...it's a 'Big Dig' tax which the toll payers should not be paying and it's an unconstitutional expropriation of their money and they should get their money back and this should stop," said Schlichtmann.
"I pay 5 bucks to go 3 exits down the Pike, so I'd be pretty psyched about that," said one motorist about the possibility of a refund.
Sandra Murphy says some of her friends who don't use the Pike rave about the "Big Dig" while they pay no tolls for it. "And I'm paying for their drive, which has improved, and I'm on the same old road and they're driving it for free."
Schlichtmann added, "What you're doing is turning the Mass. Turnpike Authority into the Mass. taxing authority and that's wrong."
He estimates the Mass. Pike's legal exposure is about $300 million. He plans to ask a judge Thursday to attach the Pike's assets so there would be enough money to pay the refunds the plaintiffs are seeking.
He said late today, close to 1,000 people had signed onto the plaintiff's Web site,
tollequitytrust.com and
Stop the Pike Hike's 15,000 members want to be included.
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