Trials & Litigation
‘Civil Action’ Lawyer Claims Tolls are ‘Illegal Tax’
Posted May 11, 2009, 08:44 am CST
By Molly McDonough
Jan R. Schlichtmann, the lawyer made famous by the book and movie A Civil Action, has taken on a new foe: the Massachusetts Turnpike Authority.
Schlictmann, whose on-screen character was played by actor John Travolta, filed a class action seeking a refund for drivers who maintain their tolls are an “illegal tax” because the proceeds from the roadway’s tolls are diverted to other projects, the Boston Herald reports.
The paper reports that the plaintiffs maintain that 58 percent of Pike tolls are used to finance Big Dig roads.
“It is a Big Dig tax,” Schlichtmann is quoted saying. “This amounts to an unconstitutional expropriation of money. The argument isn’t that it’s not being used for a good purpose. It’s that you can’t lawfully do that.”
The plaintiffs—Sandra Murphy of Natick, Douglas J. Barth of Sudbury and Robert Ackley—launched a website, tollequitytrust.com, so fellow motorists can sign up to become a party to the suit.
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