http://www.frontiersman.com/articles/2009/07/17/local_news/doc4a5feff3200f6012849379.txt

BY ANDREW WELLNER

WASILLA — The mayors of Houston and Wasilla said Wednesday they won a victory in a suit to halt a change to Anchorage’s plans regarding the Knik Arm Bridge.

Houston and Wasilla initially filed the suit, but have since been joined by the Knik Arm Bridge and Toll Authority.

The suit claims the Anchorage Metropolitan Transportation Solutions board did not give proper notice before deciding to move the bridge from its short-range transportation plan to its long-range plan.

The cities claim the board had to give notice to communities that might be affected by the change. Houston and Wasilla, they said, fit that bill, but the municipality didn’t let them know the change was coming.

“We’re not saying they can’t vote to put it on long-term,” Purcell said. “They had to go through the process. And that’s what it’s been from day one.”

After the lawsuit was filed, but before Wednesday’s hearing, the AMATS board voted to move the bridge to the long-term plan. Purcell said he’s hopeful that vote will be invalidated.

At the hearing, Superior Court Judge Sen K. Tan put a temporary injunction in place. Next month the judge will hold another hearing to decide whether to make the injunction permanent. If the injunction is made permanent, Purcell said, “It says their vote’s not valid. We have 30 days and then they should have to re-vote.”

Purcell said KABATA made a good point at the hearing, saying that moving the plan from the short-range to long-range plan means environmental work and other preliminary studies on the project must halt.

Wasilla Mayor Verne Rupright said he is happy with the judge’s decision and optimistic about the prospect of a permanent injunction.

“I’m anticipating that Judge Tan will say, ‘Listen, you guys have got to go back through the process as outlined,’” he said.

He said that if the judge rules the other way, it will have implications for public notice of meetings in other jurisdictions. A city council could give two days notice and make a major change decision before anyone found out or could comment.

Since the suit was filed, the guard has changed in Anchorage. The mayor there serves on the AMATS Board. Matt Claman, who served as mayor after former Mayor Mark Begich was elected to the U.S. Senate, lost an election to Dan Sullivan, who has taken the reins at the city.

That change in leadership has been central to the suit over the bridge. Sullivan has voiced support for the bridge in the past. Rupright and Purcell say AMATS rushed to a decision to get it done before Sullivan joined the board.

The other side makes a similar argument — that Rupright and Purcell were trying to delay the vote, knowing Sullivan would soon take Claman’s place.

With Sullivan on the board, “They may come back with the same decision. I doubt it,” Rupright said.

Sullivan was not immediately available for comment Wednesday afternoon.

Rupright said that if the board does make the same decision, at least the cities have proved their point.

Purcell said that since the suit’s first hearing and Wednesday, the municipality seems to have changed its tune and that really the only people left opposing the injunction are the other members of the AMATS board.