Mercer Island Asks Judge To Stop I-90 Express Lanes Closure

MERCER ISLAND, WA - Attorneys representing the city of Mercer Island this week filed an injunction in King County Superior Court to stop the June 3 closure of the I-90 express lanes. The injunction would also stop Sound Transit's construction of light rail to the Eastside. In the filing, the attorneys say that Sound Transit and the Washington state Department of Transportation haven't delivered on a promise to address "any loss of mobility" for island residents before closing the express lanes.

Mercer Island wants the court to oversee negotiations between the city and the transportation agencies to mitigate traffic impacts. If the closure of the I-90 express lanes goes ahead on June 3, Mercer Island will lose access to I-90 for single-occupancy vehicles at the Island Crest Way on-ramp. Only high-occupancy vehicles would still be able to access I-90 at that on-ramp.

This week's filing is the latest in a serious of legal moves as the city, WSDOT, and Sound Transit wrangle over building light rail across the island.

In February, the city sued Sound Transit and WSDOT over the planned closure of the Island Crest Way on-ramp to westbound I-90 to single-occupancy vehicles. Single-occupancy vehicles will be able to use the 76th Avenue Southeast on-ramp.

Meanwhile, Sound Transit sued Mercer Island over a number of ordinances the city passed in March. Those ordinances would 1) impose a six-month moratorium on building light rail in the city's right-of-way along I-90; and 2) stop building permits from being issued that would allow the construction of a facility like a light rail station. King County Superior Court Judge Beth Andrus ruled in favor of Sound Transit to overturn the ordinances. The city is going to appeal that ruling, however.

Along with the legal battles, a panel of Mercer Island officials is negotiating privately with Sound Transit on traffic mitigation. The Mercer Island City Council also recently voted to increase taxes on utilities to raise $700,000 to pay for litigation.

Sound Transit's East Link light rail extension will connect downtown Seattle to Mercer Island, Bellevue, and Redmond. If construction goes according to schedule, East Link will open in 2023.

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