Project Connect lawsuit likely headed to appeal before trial

The Project Connect lawsuit expected to go to trial Monday appears destined for appeal instead.

Assistant Attorney General Alyssa Bixby-Lawson, whose office opposes efforts by the city of Austin and the Austin Transit Partnership to validate voter-approved bonds for constructing Project Connect, has indicated that the attorney general’s office will not move forward with the case on Monday.

In response to a question from lawyers for ATP and the city about whether they would be going to trial on Monday as previously scheduled, Bixby-Lawson wrote, “If the Judge calls this case and commences the trial without ruling on the AG’s plea to the jurisdiction, we will be immediately filing the notice of appeal.”

Plaintiff taxpayers, represented by attorney Bill Aleshire, and the attorney general have argued throughout the case that the court did not have jurisdiction to decide the issue. While the AG and the taxpayers have repeatedly asked Judge Eric Shepperd to rule on jurisdiction, ATP and the city has asked him not to.

Attorneys will be in court on Monday morning, but it seems unlikely that any witnesses will be heard. If the judge rules that he has jurisdiction, the state can appeal, and if the judge does not rule, the state can appeal. If the judge says he does not have jurisdiction, then the city and ATP would presumably appeal. Either way, it could be months before taxpayers hear the answer.

Aleshire wrote in an email to the city and ATP lawyers, “What a crying shame the taxpayers of Austin have to pay for the predicted enormous waste of attorney fees preparing for trial in absence of a timely decision on the AG’s viable Plea to the Jurisdiction. But you got what you asked the Judge for.”

Lawyers for the city and ATP said in an email to Bixby-Lawson they had witnesses coming from out of town and needed to be able to apprise them of the situation.

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