The Virginia Supreme Court unanimously upheld the State Corporation Commission’s decision dismissing Verizon’s petition for declaratory judgment, finding it lacked subject matter jurisdiction to resolve the dispute over “who pays” nearly $1 million for the relocation of utilities as part of the I-495 expansion project.

The Virginia Department of Transportation entered into an agreement with Capital Beltway Express, a private contractor, pursuant to Virginia’s Public-Private Transportation Act Code Section 33.2-1800, to extend certain portions of the I-495 Express Lanes, known as the 495 NEXT Project. Capital Beltway employed The Lane Construction Corp. as its design-build contractor, according to the opinion filed Thursday.