Looney Pike Lawsuit a Loser, No Comment from Cahill

The looney lawsuit brought against the Massachusetts Turnpike Authority by celebrity lawyer Jan R. Schlichtmann no longer looks so promising after a Superior Court Justice denied, in no uncertain terms, the plaintiffs' motion for an injunction against the Pike. Justice H. J. Smith, Jr. wrote, "At this juncture, the court finds that the plaintiffs have not demonstrated that they are likely to prevail on the merits of their contention that the MTA's tolls are unconstitutional taxes." (Hat tip to BlueMassGroup for hosting the order.)

Bostonist hasn't seen Massachusetts Treasurer, former Democrat and pretend lawyer Tim Cahill—who last month all but conceded the lawsuit—so we can't tell you if he has actual egg on his face.

The lawsuit alleges that Pike tollpayers have been paying an illegal "tax" because their toll money has gone to the maintenance of roads they do not use and to paying Big Dig debt. In filing a motion for an injunction, which would have stopped the Pike from using toll money to pay for anything other than toll roads, the plaintiffs claimed that their rights to equal protection under the laws had been infringed and that they required immediate relief.

Justice Smith disagreed. In addition to expressing his doubt that the lawsuit will prevail, Smith argued that the ease of calculating any potential damages from overpayment of tolls and the disruption that the injunction would cause the public at large both invalidated the plaintiffs' motion.

This early victory looks good for Massachusetts, which could be on the hook for more than $400 million if the lawsuit prevails.