 On January 27 , 1990 , U.S. District Judge Thomas Rutherford Brett dismissed seven of the nine claims before him , and on March 24 , the plaintiffs filed a motion to drop the two remaining claims in hopes that the judge would reconsider the claims already dismissed . The plaintiffs also filed for a restraining order to halt construction activities . In support of their filings , the turnpike opponents alleged that OTA was illegally dumping material into waterways . OTA responded by producing U.S. Army Corps of Engineers ( USACE ) documentation showing that no illegal discharge had taken place , and that USACE had not issued any cease and desist orders due to unlawful activity . OTA argued that the plaintiffs ' requests for a restraining order and reconsideration of the dismissed claims were invalid because there was no change in their legal authority or the facts surrounding the case to warrant such a reconsideration . 
