The newest ruling from Massachusetts Appeals Court Judge Peter J. Rubin, dated Monday, came in response to a request for an emergency injunction against the turnpike authority from the plaintiffs, who claim in their suit that the authority is illegally using money from tolls to operate non-tolled roads, including much of the Big Dig. A Superior Court judge had already ruled against the injunction on Aug. 17.
“There is no clear error of law in the judge’s analysis of the plaintiffs’ likelihood of success on the merits,” Rubin wrote in his two-page opinion.
The case continues, but it now seems clear that Judge Smith’s assessment of the plaintiffs’ likelihood of success on the merits was not that of a single judge with an axe to grind.
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