TriMet filed a lawsuit today to force Clackamas County to follow through on its commitments to the Portland-Milwaukie light rail project.

The transportation agency says the county has delayed final project property acquisitions and $1.3 million in road and signal improvements, and that this could impede the project. TriMet claims that the county is breaking its contracts with TriMet by not letting construction of the line continue as previously agreed.

In a press release announcing the lawsuit, TriMet spokeswoman Mary Fetsch said that since the November election, the county's cooperation on the project "has dissolved."

More

The lawsuit contends that a Clackamas County ballot measure that calls for a public vote before the county spends money on rail projects does not apply to the Portland-Milwaukie light rail because the county's commitment preceded the November passage of Measure 3-401.

"We understand that Clackamas County voters want a say in any rail projects based on Measure 3-401, but that does not affect the current Portland-Milwaukie project," Fetsch said. "Unfortunately, we have to take this action to prevent delays that could impact the overall cost and schedule of the Project."

The lawsuit says the county was supposed to transfer all necessary property to TriMet by Dec. 6, 2012, but still has not done so. TriMet also asks that a judge declare that the county must follow through on its contracts.

"Our focus is to keep the project on time, on budget and create jobs as we build a more efficient transit system," Fetsch said.

The Clackamas County board sent two Portland-Milwaukie light rail measures to the May 21 ballot to:

Ask whether to approve the transfer of two small land parcels to TriMet, sign an agreement that allows TriMet to maintain and operate the line and fund road improvements.

Advise the board on whether exchanging a portion of the Trolley Trail from River Road in Milwaukie to Park Avenue in Oak Grove with TriMet is a good idea.

Commissioners acknowledged during their deliberations on the measures that they might face litigation and end up making the transactions, regardless of what voters say.

"I just believe without question we will lose constitutionally on these two measures," Commissioner Jim Bernard said at a Feb. 21 meeting.

However, Commissioner John Ludlow, who campaigned on an anti-light rail platform, said the board must put the questions on the ballot because that is what voters want.

The board sent a letter to TriMet in February asking to stop the light rail line at Tacoma Street in Portland. Ludlow proposed the idea, saying that the county is at financial risk working with TriMet.

"They continue to cut back buses, they continue to raise fares, they aren't great partners to start with," Ludlow said.

TriMet's board sent back a harsh response that it's too late to stop Portland-Milwaukie light rail, and urging the board to follow through on its commitments to the project.

Construction of the 7.3-mile project is 35 percent complete, according to TriMet.

--