A year after filing a lawsuit against the Highway 91 toll lanes' operator, Corona resident Richard D. Ackerman wants the case dismissed.

"I've accomplished my goal, which was for the city to take action," said Ackerman, a lawyer.

Ackerman's decision to dismiss the lawsuit came after the Corona City Council agreed on Jan. 17 to join the lawsuit filed by Riverside County against Caltrans over the toll lanes.

The toll lanes' operator, California Private Transportation Co., has agreed to dismiss Ackerman's case and not seek attorney fees from him, said Christopher Garrett, an attorney with the firm Latham Watkins, which represented the toll lanes' operator in this case.

Ackerman said he originally filed the lawsuit in January 2000 because the Corona City Council had not taken a leadership role in easing congestion along Highway 91. The lawsuit was on behalf of Corona residents.

Representatives for the toll lanes' operator said they were not surprised that Ackerman's case ended before it went to trial.

"I think he had some concerns," Garrett said. "We felt the courts were the wrong place for him to address those concerns."

Ackerman's lawsuit sought $100 million from California Private Transportation Co. to ease congestion along Highway 91 in Corona. He also wanted residents inconvenienced by commuting gridlock to be compensated for time spent and gas used while stuck in traffic.

The toll lanes are on a 10-mile stretch entirely in Orange County, from just west of the Corona city limits to Highway 55.

The Riverside County Transportation Commission and Riverside County have filed separate lawsuits over the toll lanes and the agreement the operator has with Caltrans. Both lawsuits are pending in a Rancho Cucamonga courthouse.

Ackerman said he plans to hand over his file on the case to lawyers representing the county in its lawsuit.

"It's a good thing that the city of Corona finally decided to do the right thing," Ackerman said.

The council decided to join Riverside County's lawsuit that seeks to ease congestion by allowing improvements to the highway.

"Caltrans set up the agreement to create . . . an artificial demand for the toll road," Jeffrey Dunn, an attorney representing Corona and the county in the lawsuit, said last week. "The fastest way to get through the canyon is the toll lanes."

The county lawsuit, filed in March, wants a "no competition clause" removed from the agreement between Caltrans and the toll lanes' operator because it makes it difficult to widen the freeway.

In December 1999, the Riverside County Transportation Commission filed a lawsuit against Caltrans and California Private Transportation Co.. The lawsuit claims Caltrans allows motorists, even those driving alone, to use the publicly funded carpool lanes to enter the privately owned toll lanes.

Adriana Chavira can be reached by e-mail at achavira@pe.com or by phone at (909) 737-1366.