Judge hears homeowner's case against METRO

August 21, 2008 9:48:24 AM PDT
There are new developments in the case of a southwest Houston homeowner versus METRO. That homeowner is suing the transit authority over its plans to run a light rail line near her house. Daphne Scarbrough claims METRO illegally changed the mobility plan approved by voters in 2003.

First today, the judge wanted to hear some of the reasoning why Scarbrough changed one of the claims in the lawsuit that the noise, as well as the traffic problem, may not have been as big of an issue as originally thought.

But her attorney says the basis of the case is still the same. Scarbrough believes METRO didn't have the right to change where the rail line would be built after presenting the original route to voters in 2003.

METRO's argument is that Scarbrough doesn't have the standing for this lawsuit because METRO isn't using property tax money to pay for that particular line, which would run in front of her home on Richmond Avenue.

The hearing ended shortly before noon without the judge making a ruling, but said a written ruling would come soon.

If the case moves forward, there could be a trial in the next week. However, if the judge rules on METRO's side, Scarbrough's attorney says they'll appeal, which could prolong this case for possibly another year or year and a half.

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