1 No.

GN 503618

PEOPLE FOR EFFICIENT § IN THE DISTRICT COURT

TRANSPORTATION, INC., §
§
Plaintiff, §
§
v. §
§
GOVERNOR RICK PERRY, TEXAS § OF TRAVIS COUNTY,
DEPARTMENT OF TRANSPORTATION, §
CAPITAL AREA METROPOLITAN §
PLANNING ORGANIZATION, and §
SAN ANTONIO-BEXAR COUNTY METRO- §
POLITAN PLANNING ORGANIZATION, §
§
Defendants. § 353rd JUDICIAL DISTRICT

STATE OF TEXAS
COUNTY OF TRAVIS

AFFIDAVIT IN SUPPORT OF
PLAINTIFF’S APPLICATION FOR
TEMPORARY AND PERMANENT INJUNCTION

BEFORE ME, the undersigned authority, personally appeared SAL COSTELLO,

who being duly sworn, deposed as follows:

"My name is Sal Costello. I am at least 18 years of age and of sound mind. I am

personally acquainted with the facts alleged herein.

“I am executive director of People for Efficient Transportation, Inc., which is a

non-profit membership organization.

“The purpose of People for Efficient Transportation, Inc., is to oppose the

development of toll roads in places where free roads are pre-existing, to oppose the

conversion of free roads to toll roads, and to advocate for the development of efficient
and effective transportation infrastructure.

“The members of People for Efficient Transportation, Inc. include one or more

persons who stand to be adversely affecting by the building and development of toll roads

in places where free roads are pre-existing, or the conversion of free roads to toll roads.

“The members of People for Efficient Transportation, Inc. also include one or

more persons who have been adversely affected by the building and development of toll

roads in places where free roads are pre-existing, or the conversion of free roads to toll

roads.

“Much of the building and development of toll roads in places where free roads

are pre-existing, or the conversion of free roads to toll roads cannot be accomplished

without the actions of CAMPO or SAMPO, specifically, the approval of the allocation of

federal funds to the building of said roads.

“The purpose of this suit is therefore closely linked to the purpose of People for

Efficient Transportation, Inc.

“I know, from personal knowledge, observation of meetings, and review of

official agendas and minutes, that Members of the State House and State Senate serve on

the governing boards of both SAMPO and CAMPO, and have done so at all times

relevant to this lawsuit.

“I know that Kirk Watson, a sitting State Senator, serves as Chairman of

CAMPO’s governing board, and has since January of 2007.

“Harm to members of People for Efficient Transportation, Inc. is imminent because

tolls will be levied on plaintiff’s members, plaintiff’s members are experiencing slower,

more inconvenient automobile travel because of toll roads approved by CAMPO and

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SAMPO, and the value of the plaintiff’s members property close to toll roads approved

by CAMPO and SAMPO will be harmed.

“The harm to members of People for Efficient Transportation, Inc. that will result if

the temporary restraining order is not issued is irreparable because the illegally approved

toll roads will be built and damage to Plaintiff’s members will be irreversible.

“People for Efficient Transportation, Inc. has no adequate remedy at law because

damages are inadequate compensation for the permanent degradation of the environment

and traffic caused by the building of toll roads. The building of these roads threatens

irreparable injury to real or personal property, irrespective of any remedy at law.”

“Further affiant sayeth not.”

Sal Costello

SUBSCRIBED AND SWORN TO BEFORE ME on , by .

Notary Public, State of Texas

SEAL of Notary

My Commission Expires on ____________.