Court brief alleges South Mountain Freeway freeway planning is an abuse of discretion

Crews prepare ribar shafts that will become part of the support for freeway bridges./Arizona Department of Transportation

Ahwatukee-based group has been fighting the freeway for more than a decade

By Paul Maryniak | Ahwatukee Foothills News

State and federal approval of the South Mountain Freeway Agency “was arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law,” the attorney for the Ahwatukee opposition to the project told a federal court.

In his final brief before the U.S. Court of Appeals for the Ninth Circuit, attorney Howard Shanker said the case “presents a dramatic failure on the part of the agencies to properly coordinate their transportation planning” with federal environmental law.

Shanker, a Club West resident, represents Protect Arizona’s Resources and Children, an Ahwatukee-based group that has been fighting the freeway for more than a decade.

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