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The Clackamas County Board of Commissioners is enlisting the help of legal counsel to challenge two lawsuits brought against the county last week regarding the Portland-Milwaukie Light Rail line. The pending lawsuits represent a $65,000-per-day snag in the road if the pending battle is not resolved soon.

Last Friday, TriMet filed a lawsuit against Clackamas County to require it to follow through on its remaining obligations to the PMLR project 鈥� a 7.3-mile-long MAX line that is now 35 percent complete. The suit follows correspondence from the county that casts doubt on whether it will continue to support the project. TriMet contends the county has no choice.

In September, Clackamas County residents adopted Measure 3-401, which requires voter approval for rail projects. At the heart of the conflict is a disagreement over whether the law applies to the PMLR retroactively. County officials intend to send the PMLR to voters in May.

鈥淭hough we are not certain what the outcome of the vote will be, there is a potential that our voters may not support elements of the project necessary to advance the project all the way to Park Ave.,鈥� wrote John Ludlow, chairman of the board of commissioners on behalf of the board, to TriMet in a letter dated Feb. 5. 鈥淭herefore we ask that you carefully consider any and all alternatives that terminate the project north of Park Ave., either in Milwaukie or at Tacoma Street.鈥�

The problem, TriMet argues, is Clackamas County already signed an intergovernmental agreement in 2010 pledging its support to the project; the county has since paid approximately $19.9 million toward the $1.49 billion effort. What remains is approximately $1.3 million in road improvements and small property transfers necessary for construction.

Bruce Warner, the president of the TriMet Board of Directors, responded to Ludlow鈥檚 letter on Feb. 8, saying that the vote would have no practical effect on the county鈥檚 commitment to fulfill contractual obligations. He added that any delay south of Milwaukie would result in damages of $65,000 per day, or $6.7 million between now and the time of the election.

鈥淎t this point, no modifications as to scope are possible and there is no 鈥榝unding uncertainty鈥� that would change the Project鈥檚 鈥榢ey elements,鈥欌�� Warner wrote. 鈥淭he whole project will be built as agreed to by all the regional partners, including the County.鈥�

Running parallel to TriMet鈥檚 challenge is a petition by Portland attorney and Clackamas County resident Keith Garza. Garza isn鈥檛 taking on the county, but rather the language used in the May ballot. He believes the county鈥檚 description of Measure 3-401 is inaccurate because it gives a false impression that it has the ability to change the scope of the PMLR project.

鈥淣othing that the voters are being asked to do should have any legal impact, and I鈥檓 saying they should be told that,鈥� said Garza, who also represents TriMet professionally, although not in this case. 鈥淎t this point, it鈥檚 a matter of clarity and accuracy in the communication.鈥�

Tim Header, public information officer for the county, said commissioners met in executive session Tuesday to discuss the lawsuits. He said he was unable to comment on the meeting beyond saying that they would be enlisting the assistance of outside legal counsel to challenge both legal actions. TriMet officials also are not commenting beyond prepared statements.

Garza believes the county鈥檚 actions are more reflective of wasteful political jostling than due process. He said he has heard estimates that put the cost of the upcoming election at between $32,000 and $170,000.

鈥淢y review of all these proceedings is that (county commissioners are) using this political maneuver to placate the voters today with the understanding that it wouldn鈥檛 be effective,鈥� he said. 鈥�(Then down the road they are saying), 鈥楾his is what we wanted to do, but our hands are tied by the courts.鈥欌��