Judge gives GP highway the all-clear
Opponents of 161 plan to consider appealing
08/19/98
By Tony Hartzel / The Dallas Morning News
Plans to build a major highway through western Grand Prairie - halted 13 years ago by a federal court - can once again proceed, a judge ruled Tuesday.
The ruling pleased Highway Department officials and project supporters who have fought for the freeway for more than a decade. Neighborhood leaders fighting the highway were surprised that the judge ruled against them and said they would consider appealing the decision.
State Highway 161 is planned as a north-south thoroughfare near the Dallas-Tarrant County line, running from Interstate 20 north to State Highway 183 and beyond. The project could be under construction by 2002, and its frontage roads open to traffic by 2006, highway officials said. Regional planners have envisioned the road as a major freeway since 1957, and Tuesday's ruling by U.S. District Judge Barefoot Sanders puts the project near the top of the department's priority list, said Dan Perge, Highway 161 project manager.
Getting approval means Grand Prairie eventually could have a freeway corridor and related development similar to LBJ Freeway in North Dallas and State Highway 360 in Arlington, said Grand Prairie Mayor Charles England.
"This certainly is the biggest positive thing to happen in Grand Prairie since I've been mayor," said Mr. England, who was first elected in 1992. "The horse racing track was big, but Highway 161 coming through Grand Prairie is going to do more than anything else has ever done."
Harry Englert, a Grand Prairie City Council member and Highway 161 opponent for almost 40 years, said he isn't ready to give up. He also disagreed with the mayor, saying the proposed highway won't bring as many benefits as city leaders hope.
"People are going to zip through Grand Prairie on their way to I-20," he said. "They're not likely to stop here."
Even with the ruling, the project's future still carries a bit of uncertainty. The neighborhood group that won the original injunction can appeal Judge Sanders' decision. However, the group also must persuade Judge Sanders or an appeals court to again halt the project during the appeals process, which could last up to two years.
Leaders of the Association Concerned About Tomorrow, which raised and spent about $120,000 for its legal fight, will meet Tuesday and probably will decide whether to appeal, group president Ken Braswell said.
Mr. Braswell and other highway opponents had been optimistic after a three-day trial last month during which their experts questioned the state's air quality and noise studies. Initial estimates place the cost of an appeal at $30,000 to $50,000, according to group leaders.
"I'm shocked and dismayed," Mr. Braswell said. "If the neighborhood as a group wants to go ahead and commit, we can."
Questions about the highway's environmental impact led to a 1985 injunction from Judge Sanders halting the project. In his ruling Tuesday, Judge Sanders said all those issues - such as noise, air quality and use of parkland - have been resolved.
David Frederick, the neighborhood's attorney, said that winning on appeal would be difficult, particularly with what he called the conservative approach of the 5th U.S. Circuit Court of Appeals in New Orleans. He said he believes, however, that Judge Sanders made several legal errors that warrant an appeal.
Mr. Frederick disagreed with the judge's finding that the state met requirements in looking at all possible alternative routes. He said he believes the state must complete an exhaustive analysis of every alternative, which has not been done. He also said an appeal could be filed based on the state's questionable analysis of the impact of the nine alternative routes on parkland or historic properties.
If an appeal is filed, it won't affect the project immediately unless the judge or appeals court issues an injunction, project manager Perge said. The Highway Department will spend the next few years buying right of way.
Highway planners have consistently argued that the $450 million, 10.8-mile project is needed to relieve congestion in western Dallas County. Another portion of Highway 161 has been built north of State Highway 183. Plans call for the road to have four main lanes between Interstate 30 and Interstate 20, and six main lanes between Interstate 30 and Highway 183. Six lanes of service roads also will be built.
When it is fully built, the road is expected to carry between 132,000 and 162,000 cars daily. In comparison, Interstate 30 through Grand Prairie currently carries about 80,000 vehicles daily.
"We believe the project is very viable," said Mr. Perge, the project manager. "It's the right thing to do."
Many residents near the proposed path have been wondering about the future of their neighborhoods. Some on both sides said having any decision was a relief.
Linda Keetch said she and her parents own five homes in the highway right of way, and several proposed sales of their properties have collapsed because of possible state claims to the land.
Although her parents will have to move from their Dallas Street home of 55 years, she welcomed Tuesday's decision.
"I'm just glad it's over and we can get on with our lives instead of being held back," she said. "We feel like we've been held hostage."
© 1998 The Dallas Morning News
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