The city, however, argued that the lawsuit is baseless because the bus line isn't a
throughway and the city isn't the one doing the project.
In responding to the lawsuit, an attorney for the city of Eugene recently said that opponents' assertion that the four-mile line would amount to construction of a "freeway" or "
throughway" is not "justiciable" (capable of being decided by a court).
Section 41 of the charter reads that "no freeway or
throughway may be constructed by the city, nor may the city enter into any agreement approving or facilitating construction of such a freeway or
throughway, unless (it) is first approved by a majority of the voting electors of the city."