Lawyer claims groundbreaking for I-5 Rose Quarter project would be illegal – BikePortland

After getting a green light from the Oregon Transportation Commission last month to go forward with a plan to widen I-5 at the Rose Quarter, the Oregon Department of Transportation is moving forward with an initial construction phase of the project. I’ve heard a ribbon cutting ceremony to mark the groundbreaking of this multi-billion dollar megaproject could happen as soon as a week or two.

But lawyers representing a nonprofit that has filed a lawsuit to stop the project have a message for ODOT: Not so fast.

As I shared in a story July 23rd, ODOT officials recently suffered a setback in the lawsuit when, just days before a trial was to begin, the agency formally withdrew documents that were meant to show the project was compatible with Portland’s Comprehensive Plan. The trial has been rescheduled to January. No More Freeways expected ODOT to re-submit documents to convince the court their plan was compatible, but a 30-day window to do that expired over the weekend.

According to No More Freeways lawyer Karl Anuta, this means ODOT no longer has a “formal demonstration of compatibility,” so they are not authorized to do a groundbreaking.

In a letter from Anuta’s office to ODOT dated August 5th, Anuta writes:

“… the existing City of Portland Comprehensive Plan authorizes a Rose Quarter project, but not the same Rose Quarter project that ODOT is now proposing to build. The current proposal is simply not consistent with the one that the City expressly adopted as a Facilities Plan into the City Comprehensive Plan. There were significant changes in the location and function of key features of the project, which ODOT made before it approved the current Rose Quarter project that is specified… That requires that changes be made to the City Comprehensive Plan before the currently proposed Rose Quarter project can be found to be consistent with that Plan. Those changes have yet to be made.

Thus, ODOT cannot lawfully proceed with construction. For that reason alone, any “groundbreaking” or “initiation of Phase 1A” should be postponed or canceled. However, in addition to the illegality or moving forward when there is a lack of mandatory Findings, as a policy matter ODOT should not proceed with this project until the agency can establish that funding is actually available.”

I have not yet reached out to ODOT for comment, but this is just the latest snag in the project. Whether or not they announce a groundbreaking event remains to be seen. Stay tuned.