RICHMOND, Va. (WAVY) - The Supreme Court of Virginia agreed Thursday to hear appeals in the tunnel tolls case.
The Supreme Court of Virginia granted appeals Thursday to VDOT and Elizabeth River Crossings , the defendants in the Midtown Tunnel/Downtown Tunnel/MLK Extension case, according to the office of Attorney General Ken Cuccinelli.
The appeals will be heard Sept. 9, arguing against a judge's ruling that tolls on the downtown and midtown tunnels are unconstitutional.
The tolls were to start Feb. 1, 2014, but the lower court put that on hold by ruling the tunnels are a tax, and VDOT cannot tax Virginians.
Cuccinelli filed the appeals Tuesday afternoon when he also filed a motion to stay the lower court's ruling . A ruling on that motion has not yet been made, according to the clerk's letter from the Supreme Court of Virginia.
The court also granted Cuccinelli's request to expedite the appeals so tolls can start on schedule.
A company has been hired to complete the repairs to the Herbert C. Bonner Bridge on the Outer Banks, but how long those repairs will take remains unknown.
Drivers traveling between Hatteras Island and the mainland were forced to use an emergency ferry Wednesday, following the sudden closure of the Bonner Bridge Tuesday.
State officials say construction on a new Bonner Bridge has been delayed for years because of a legal battle with an environmental group.