Lawyers for the city of Warrenton and a group opposed to the creation of transportation development district (TDD) presented arguments in Warren County circuit court Friday. It was the second court …
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Lawyers for the city of Warrenton and a group opposed to the creation of transportation development district (TDD) presented arguments in Warren County circuit court Friday. It was the second court hearing on the proposed TDD in a month. Franklin County Associate Circuit Court Judge Stanley Williams is hearing the case.In February the city proposed forming a TDD to obtain funding for a second Warrenton interchange along Interstate 70 about 2.1 miles west of the current Highway 47 interchange. The interchange would be funded by a one percent sales tax imposed on purchases within the proposed district.Several local business owners filed objections to a proposed Transportation Development District.John Hamill III, the lawyer representing the three opposing business entities, Fastlane Inc., doing business as Holiday Inn Express, Fastlane Group Inc., d/b/a Fastlane North, and the Fastlane Central Partners LLC, d/b/a Fastlane Central, argued that the interchange project fails to benefit the businesses inside the district, and, in fact, will burden them with a sales tax for the next 20 years.“New commercial development around the interchange would be in direct competition with the existing businesses,” Hamill argued. “The one percent sales tax will benefit businesses outside the district.”Hamill pointed out that only the 13 residents living in the district will get to decide whether the project goes forward, when all city residents should have a vote.Hamill said his clients have shown that the proposed district is an undue burden and unreasonable.The district’s funding mechanism is an undue burden and the competitive disadvantage at which it puts existing businesses is unreasonable, he argued. Lawyers for the city council said the opponents had failed to show why the petition for the TDD was defective. “They have to provide a legal reason why the district is unconstitutional or unreasonable,” said Joshua Payton, an attorney for the city council. “They have failed to provide any such reason.”Payton said the Fastlane group’s real complaint was about the funding mechanism, and had nothing to do with the TDD.He added that the argument that the interchange project is outside the TDD isn’t relevant because there is no statute that requires a project to be within the borders of a district.City Attorney Chris Graville said most of the opponent’s objections were speculative, including the notion that the interchange would create new businesses and more competition. “The objection has to be unconstitutional or unreasonable. It can’t be speculative,” Graville said.As for existing businesses receiving no benefit from the TDD, Graville said the district will include maintenance of the Highway 47 overpass. “That is a direct benefit to those existing businesses,” he said.Judge Williams was assigned the case after a change of judge was requested by the city of Warrenton.He is not expected to rule in the matter until late September.HeadlineCity Attorney: TDD Foes Failed to Make Case