Appeals court clears way for Highway 161 extension
Grand Prairie homeowners fought plans for years

02/12/2000
By Rachel Horton / Arlington Morning News

A federal appeals court apparently has ended a decades-old fight over extending State Highway 161 through Grand Prairie.

The 5th U.S. Circuit Court of Appeals in New Orleans called challenges from homeowners to the Highway 161 construction without merit and affirmed a lower-court ruling by U.S. District Judge Barefoot Sanders.

The residents, many of whom would lose their homes when the road is built, will not appeal, their attorney said.

"We're disappointed," said David Frederick, an Austin lawyer who represented a homeowners group, Association Concerned About Tomorrow. But appealing to the Supreme Court would be "a waste of time and money," he said.

William Hosey, an Association Concerned About Tomorrow member, said it's unlikely that the Supreme Court would overturn the 5th Circuit, so residents should turn their energy toward making the project as attractive as possible."I'd rather see the neighborhood come together and form an oversight committee that works with the state in a collaborative effort," he said.

As planned, a six- to 10-lane freeway would continue south from near State Highway 183 in Irving to Interstate 20 in Grand Prairie. It would run near the Dallas County line and parallel to State Highway 360. Construction could begin as soon as 2004 and should last about 10 years, state transportation officials said.

"We hope this ends the case," said Dan Perge, Highway 161 project manager for the Texas Department of Transportation. "We believe this complies with the law, and we believe there is a need for this project."

Mayor Charles England predicts Highway 161 will be an economic boon for his city and called the ruling "a great day for Grand Prairie." "I'm just as happy as I can be," he said. "I'll tell you one thing, that's a good Valentine." Mr. England said the economic aspect is only part of it. The new highway should cut 30 minutes off rush-hour drive times, he said. "We've been waiting on this for 15 years, and I just hope there's no further appeals," he said. "Certainly, I think the 5th Circuit did the right thing."

Not everyone agrees.

The homeowners appealed Judge Sanders' ruling that lifted a 13-year injunction against the project in 1998. The homeowners, among other things, cited environmental concerns by pointing out that the highway would cut through part of Waggoner Park. However, officials at the Texas Department of Transportation acquired parkland to offset the loss of portions of that park.

City Council member Harry Englert, who lives a block and a half from the proposed road, said he wishes he could have stopped the project. "I think this is the end," he said. "I'm sorry I wasn't personally able to do more."

The state resumed buying out homes after the lower court's ruling in 1998.

Bernace Williams, whose husband died last week, has lived for 45 years on Chester Street "right in the middle" of the proposed highway. "I like my house, I really do," said Mrs. Williams, 78. "I just lost my husband, and of all things, now I have to lose my house." She also is insulted by the state's offer for her home: $72,000 and a strip of land along the freeway.

"Where do you go buy a house with three bedrooms, a garden room, a den and a large front room for $72,000?" she said. "And what would I do with a chunk of land right next to a highway?"

Abe Clouser's home is one of 65 others targeted for buyouts. Also scheduled to be purchased are 13 businesses, including fast-food restaurants on Northwest 19th Street, two churches and a park. Mr. Clouser, 74, said that most of his neighbors do not want to move but that he looks forward to the progress the new road will bring. "I wanted to stay here if I could. We bought this as our retirement home," said Mr. Clouser, who has lived on Chester Street for more than 30 years. "But I drive the roads. I know what transportation problems are out here on Great Southwest Parkway and Carrier [Parkway], and I'm for progress. We do need 161."

Although the homeowners association does not plan to appeal, Mr. Frederick said, it could pursue other avenues, such as challenging whether the roadway meets clean-air standards. "There is a great deal of opposition to that freeway in the neighborhoods through which it would pass," he said.

Highway 161 was first proposed as part of an outer Dallas County freeway loop in 1957. The highway is planned to stretch about 10 miles from Highway 183 in Irving through the western edge of Grand Prairie. As drawn, the highway will roughly track West North Carrier Parkway and Northwest 19th Street to I-20. It will connect existing Highway 161 in Irving. The estimated $450 million plan calls for five-level interchanges at I- 30 and I-20; a 10-lane freeway with six lanes of frontage roads between I-30 and I-20; and a six-lane freeway with six lanes of frontage roads between I-30 and Highway 183. According to the North Central Texas Council of Governments, 146,000 to 153,000 vehicles are expected to travel along the northern portion of Highway 161 from Highway 183 to I-30 by 2015. About 79,000 to 121,000 vehicles will travel along the southern portion from I-30 to I-20.

Dallas Morning News staff writers Tony Hartzel and Kim Horner contributed to this report.