South Mountain Freeway thrown for a loop

Anti-Loop 202 fight appears dead after court rejects appeal

By Paul Maryniak | Ahwatukee Foothills News

The fight to stop the South Mountain Freeway apparently died [Friday.]

A federal appeals panel unanimously rejected all arguments against the South Mountain Freeway, and one of the lead attorneys for opponents said the legal battle to stop construction is over.

In a 12-page opinion dwarfed by thousands of pages filed by opponents, a three-judge panel for the U.S. Court of Appeals for the Ninth Circuit rejected all arguments by the Ahwatukee-based Protect Arizona’s Resources and Children and the Gila River Indian Community.

“I’m very disappointed by the ruling,” said PARC attorney Howard Shanker. “I think we might be done.”

Shanker said he does not expect either the panel or the entire 16-mmember appellate court to grant a rehearing and that a opponents would have little to no hope of getting before the U.S. Supreme Court for even a hearing.

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