The city of Mercer Island filed a motion for preliminary injunction in King County Superior Court on May 15, requesting that Judge Beth Andrus enjoin the Washington State Department of Transportation (WSDOT) from closing the Interstate 90 center roadway and Sound Transit from commencing light rail construction there.

“This action is the next step in the city’s February 2017 breach of contract lawsuit against WSDOT and Sound Transit regarding commitments made under a 1976 Agreement, and subsequent 2004 Amendment, to mitigate any impacts to the mobility of Mercer Island residents due to rail construction and operations,” according to a news release.

The city’s motion asks the court to ensure the agencies “meaningfully consult with the city in order to reasonably and in good faith seek concurrence on loss of mobility and mitigation measures as required by the agreements.” The city also requested that this process be overseen by a court-appointed Special Master.

The motion requests the court to delay the June 3 closure of the center roadway, and delay the transition of newly-painted “R8A” vehicle lanes across the I-90 floating bridge to HOV-only operation.

At the May 15 Mercer Island City Council meeting, City Attorney Kari Sand said that part of the city’s complaint is based on the mobility studies recently released by Sound Transit and WSDOT, which city consultants said failed to adequately analyze traffic diversion — particularly from Island Crest Way to Town Center streets — and account for safety impacts and the unique characteristics of Mercer Island streets.

Regional leaders seem to have agreed that continued single occupant vehicle (SOV) access to the westbound Island Crest Way ramp is the best solution, which had been prohibited by the Federal Highway Administration last August. After accessing I-90 via the ramp, SOV traffic would merge to the general purpose lanes.

Letters to the U.S. Secretary of Transportation supporting SOV access to the ramp have been signed by Gov. Jay Inslee, WSDOT Secretary Roger Millar, state Rep. Judy Clibborn, state Rep. Tana Senn, state Sen. Lisa Wellman, Sound Transit CEO Peter Rogoff, King County Executive Dow Constantine, Mayor Bruce Bassett, Congressman Adam Smith and Congressman Dave Reichert. One of the letters can be found in the council’s agenda packet.

At the May 15 meeting, City Manager Julie Underwood said this compromise received regional support, though she is aware that the council and the community want SOV access not just to the Island Crest Way ramp, but also to the new “R8A” HOV lanes on I-90.

Underwood said the city will still prepare for the impacts of the June 3 closure of the center roadway, and will send out a mailer with information to Mercer Island households soon. Sound Transit is currently working on temporary traffic improvement measures around I-90.

To learn more about recent negotiations and litigation history, visit www.mercergov.org/Rail-FAQ.