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Jul 18

Parties in Atlantic City ‘road diet’ lawsuit agree to settlement conference – Press of Atlantic City

Diet Comments Off on Parties in Atlantic City ‘road diet’ lawsuit agree to settlement conference – Press of Atlantic City

ATLANTIC CITY The parties fighting in court over the citys road diet plans agreed Wednesday to meet for a settlement conference, in an online meeting with Atlantic County Superior Court Assignment Judge Michael Blee.

It was their first court appearance since the Casino Reinvestment Development Authority on June 25 rejected city plans to reduce Atlantic Avenue to two vehicle travel lanes from four.

There have been lots of discussions occurring in real time between the Governors Office, CRDA and the city, said attorney Richard Trenk, who represents the city.

Trenk said the parties all support repaving, traffic light synchronization and other aspects of the road diet plan, and disagree only about restriping to create two vehicle travel lanes and two bike lanes along most of the citys main artery.

The statutory period for the governor to reject CRDAs no vote on the road diet expired Monday, Trenk said.

So now the city has 45 days from Monday to decide whether it will appeal the CRDA decision to the Appellate Division.

We would welcome the opportunity to confer with each other to potentially find common ground to resolve the litigation, said attorney Keith Davis, who represents a group of casinos and AtlantiCare suing to stop the road diet. Our position is CRDA made a final decision which is appealable to the Appellate Division.

Davis also raised the question of what to do about the city having completed Phase 1 from Maine Avenue in the Inlet to Tennessee Avenue in Midtown.

Despite impassioned pleas from city officials, calling for safety to take precedence over all else, the Casino Reinvestment Development Authority rejected a planned road diet to reduce the number of lanes in a section of Atlantic Avenue from four to two.

There is an outstanding issue of the court potentially compelling the city to restripe that section, Davis said.

In May, Blee issued a preliminary injunction to stop the city from completing Phase 2 from Tennessee to Albany avenues.

Trenk asked Blee to decide whether to order a permanent injunction, so he could potentially appeal that as well.

The road diet is a more than $20 million city project to repave Atlantic Avenue in its entirety and restripe it to include two vehicle lanes of travel rather than the current four vehicle lanes in most places.

Mayor Marty Small Sr. has championed the plan, which is funded by a mix of federal and state grants, saying it is needed for pedestrian and driver safety.

But the casinos and AtlantiCare sued last year to stop the restriping, saying it would impede traffic flow and harm casino business and patient safety. They also argued the CRDA had jurisdiction over changes in traffic patterns in the Tourism District, which includes Atlantic Avenue, but the CRDA had not reviewed and approved the project.

In March, the CRDA was allowed to join the lawsuit, and in June the CRDA board voted down the road diet plans.

CRDA attorney Rudy Randazzo, however, cautioned a settlement conference will only be helpful if someone from the Governors Office participates.

A judge on Tuesday granted the Casino Reinvestment Development Authority a preliminary injunction, temporarily stopping Phase 2 of the Atlantic Avenue "road diet" that is working to reduce the number of vehicle travel lanes from four to two in most areas.

The CRDA is more than willing to engage in efforts to reconcile the parties or settle here, but given the political realities Im not sure how effective it would be to have a judicially managed conference, Randazzo said.

We have reached out to the Governors Office, Trenk said. I think most public officials would participate in good faith. There is no downside to trying, right?

It might make sense to have someone from DOT (the state Department of Transportation) there if possible, Davis said, because the Phase 2 plans are before the DOT for approval now and the DOT could answer questions about how a compromise might impact the citys funding.

City officials have said they qualified for millions in federal funding administered by the state by committing to restricting vehicle lanes.

Blee said he would be in touch soon about potential dates for the settlement conference.

REPORTER: Michelle Brunetti Post

609-841-2895

mpost@pressofac.com

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Parties in Atlantic City 'road diet' lawsuit agree to settlement conference - Press of Atlantic City

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