Appeals Court Gives Green Light to Legacy

Appeals Court Gives Green Light to Legacy


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SALT LAKE CITY (AP) -- The 10th U.S. Circuit Court of Appeals lifted an injunction that had blocked construction of a 14-mile highway connecting Salt Lake City and its northern suburbs.

The two-sentence order was signed late Tuesday by a court clerk on behalf of a three-judge panel at the Denver-based court.

Tuesday's order lifted a 2001 injunction following an out-of-court settlement between Utah and environmental and smart-growth groups that had sued to block the Legacy Parkway.

The Utah Department of Transportation said it planned to resume construction in March after five years of delay caused by litigation.

"Lifting the injunction was the final legal hurdle for Legacy Parkway," UDOT Executive Director John Njord said in a statement on Wednesday. "Legacy Parkway is a much-needed project that will not only address the transportation demand in an environmentally sensitive manner, but will also serve as a tremendous asset to the communities in which it is being built."

The settlement approved by Utah lawmakers in November redesigned the parkway, making it a restricted road for cars and light trucks. The four-lane road will wind around some wetlands instead of taking a straighter path.

The parkway will have a 55 mph speed limit instead of 65 mph, with noise-reducing pavement, trailheads, pullouts and more landscaping than usual for a highway.

To end litigation, the state also agreed to set aside a larger, 2,225-acre nature preserve and pay for an environmental study of a light-rail or rapid-bus system for commuters residing in southern Davis County.

The Legacy Parkway and nature preserve is scheduled to be open in October 2008, Njord said.

(Copyright 2006 by The Associated Press. All Rights Reserved.)

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