Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Sometimes 75 cents is all it takes to get an attorney in a fighting mood. For years, Michael Powers, a partner with the 170-attorney Phillips Lytle in Buffalo, N.Y., said that he had been offended by the toll booth on Interstate Highway 190, which charged 75 cents to motorists entering the city. When a local developer and businessman, Carl Paladino, came to him and asked him if there was a legal basis to challenge the toll booths, Powers took the case. And the firm decided to cover 75% of the expenses on behalf of the community. Powers began his research by looking for an equal protection argument, since I-190 was one of the few roadways that was tolled, he said. What he found was a 38-year-old statute-the 1968 Niagara Toll Booth Removal Act-which he couldn’t believe no one had ever tried to enforce. The act mandated that the toll booths on I-190 be removed in 1996, after federal funding came through. “When I found it, I did a double take,” Powers said. “I just thought: How could people have not known this statute is on the books? And then I knew we were going to win the case.” The statute made the lawsuit “bulletproof,” according to Paladino, who was listed as one of the plaintiffs in the lawsuit. He claims that once the lawsuit was set in motion, the state government couldn’t look the other way anymore. After the firm filed suit against the New York State Thruway Authority challenging the existence of toll booths on I-190, the community and politicians rallied behind the cause to stop the toll, Powers said. On Oct. 30, eight months after the suit was filed, and three months after a New York State Supreme Court judge denied the New York State Thruway’s motion to dismiss, the toll booths shut down. Members of the New York State Thruway Authority, who are appointed by the governor, voted to remove the toll booth that morning. Powers, with partners Alan Bozer and Preston Zarlock, approached the case with a two-prong strategy: to apply legal pressure on the authority through the lawsuit, and to gain the public’s attention by putting political pressure on the state Legislature. Some political leaders disagree that the lawsuit served as a catalyst. Craig J. Miller, a communications director for State Senator Dale M. Volker, said that they had been working to solve the problem for the past two years and finally were able to push it through. But Erie County Executive Joel Giambra, a co-plaintiff in the case, noted that “this has been in discussion since the 1960s. If it wasn’t for the lawsuit, the toll booths would still be collecting today. The lawsuit received considerable attention and was a real impetus in the process.” “It’s exactly the reason I became a lawyer: I wanted to make a difference in the community,” Powers said. “Instead of public office, I felt I could accomplish more in the private sector by working with those in the public sector.” Calls for comment to the New York State Thruway Authority were not returned.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.