The Virginia Department of Transportation and the Elizabeth River tunnels' private partner are asking the Virginia Supreme Court to reverse a lower court's ruling that planned tolls for the project and provisions of the state's transportation P3 law are unconstitutional.

"[The ruling] calls into question the validity of numerous similar arrangements involving roadway user fees in [the Public-Private Transportation Act of 1995] projects serving other areas of the commonwealth, and casts doubt on the commonwealth's ability to meet the transportation needs of its citizens for decades to come," VDOT said in a brief filed ahead of oral arguments before the high court in September.

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