New York – A federal appeals court revived a class-action lawsuit by commercial truckers that accused the New York State Thruway Authority of charging illegally high tolls and diverting excess sums it collected to maintain obsolete upstate canals.
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By a 3-0 vote, the 2nd U.S. Circuit Court of Appeals on Tuesday said a lower court judge abused her discretion in dismissing claims by the trade group American Trucking Associations Inc and three trucking companies.
The plaintiffs accused the Thruway Authority of unlawfully burdening interstate commerce by diverting $80 million to $100 million of tolls a year, or 10 percent to 12 percent, for canal-related projects rather than spending it on the thruway itself.
These tolls are charged on the Governor Thomas E. Dewey Thruway system, which stretches about 570 miles (917 km).
The truckers said the excess tolls reduced their revenue and raised consumer prices for the sake of benefiting a canal system, including the Erie Canal, that was once crucial for transporting goods but is now used mainly by tourists.
U.S. District Judge Colleen McMahon in Manhattan dismissed the lawsuit last August because New York itself was not named as a party, despite being “necessary” and “indispensable” because the state constitution required it to maintain the canals.
Writing for the appeals court, however, Circuit Judge Dennis Jacobs said the state need not be involved solely because an adverse outcome might force it to find new funds for the canals.
“Plaintiffs’ constitutional claims would be identical if the Thruway Authority charged excessive tolls to underwrite the state’s interest in a new baseball stadium, or agricultural research, or repertory theater,” Jacobs wrote.
The judge also noted that state Attorney General Eric Schneiderman represented the Thruway Authority in the appeal.
“Whatever interest New York has in the outcome of this lawsuit,” Jacobs wrote, “we are confident that Mr. Schneiderman will keep it in mind.”Shane Mahar, a Thruway Authority spokesman, declined comment. Schneiderman’s office had no immediate comment.
Richard Katskee, a Mayer Brown lawyer representing the trucking companies, said his clients plan to seek an injunction to halt excess tolls and refunds dating to November 2010.
“Anyone who drives a car or truck knows our roads are crumbling,” he said in an interview. “Toll money should be used to fix roads.”
The case is American Trucking Associations Inc et al v. New York State Thruway Authority et al, 2nd U.S. Circuit Court of Appeals, No. 14-3348.
Highway tolls became a highway robbery!
Why do they charge enormous fees when upkeep of the roads requires a minimal Money?
I understand when you build a bridge – you need to pay for it, so charge us for few years,
But once it was paid – why are tolls are so high?
All of us drivers should unite and won’t pay!
There is nothing they can do! It’s our country, this highway robbers live on out taxes!
We should be telling them wat to do!