Publication: Albuquerque Journal
Date: 09/07/2002
Section: Metro & New Mexico
Edition: Final
Page: E1
Word Count: 457 word
Headline: Judge Refuses To Halt Road Construction
Byline: By Lloyd Jojola Journal Staff Writer
Opponents of a West Side road that would link Unser Boulevard to the Ventana Ranch subdivision failed to get a court order to stop the work Friday.
Chief U.S. District Judge James A. Parker denied a motion for a temporary restraining order and preliminary injunction as part of a lawsuit filed earlier Friday by road opponents.
The issue appears to be heating up, however.
At a special meeting Monday, the City Council will consider two resolutions related to the Universe Boulevard extension. One, sponsored by Councilor Eric Griego, calls for a 90-day moratorium on the road's construction.
"We're still concerned about this road," Laurie Weahkee of SAGE Council said after Parker's ruling. "What never really got brought out is that there has been no public participation in this issue."
At issue is a 1.7-mile road that would stretch from Unser at the top of Boca Negra Canyon to Ventana Ranch.
Opponents staged a protest Thursday and briefly stopped construction. Police arrested seven people.
On Friday, a coalition including SAGE Council, 1000 Friends of New Mexico and private citizens filed a lawsuit against the city, Sandia Properties a Ventana Ranch developer and Bob Murphy, who is with the company.
In the complaint, opponents contend that the road would promote sprawl, increase area traffic, limit recreation opportunities and harm the Petroglyph National Monument.
They allege that the project is not in the metropolitan transportation plan in violation of the federal Transportation Equity Act. It also does not conform to the requirements of the Clean Air Act, they allege.
The plaintiffs, however, failed to satisfy the requirements for extraordinary relief, Parker said, and the temporary restraining order was denied.
In part, road opponents needed to show there was substantial likelihood they would win on the merits of the case. But Parker said that is "clearly up in the air at this point."
"We're disappointed," said Douglas Meiklejohn, a New Mexico Environmental Law Center attorney who is representing the road opponents. "We think that the paving of the road is a real serious problem, and we're disappointed that the court didn't agree."
Pat Rogers, an attorney representing Murphy and Sandia Properties, was pleased with the outcome.
"There's no basis for the temporary restraining order, and we look forward to our day in court to establish that the complaint is baseless," he said.
Private property owners are building the road at a cost of close to $600,000, city officials have said.
The City Council is scheduled to meet Monday at 4:30 p.m. to discuss the project.
In addition to Griego's bill, the council will consider a resolution sponsored by Councilor Michael Cadigan. According to the agenda, his bill would declare a moratorium "on street connections, utility connections and development along Universe Boulevard NW."