A long-running lawsuit over light-rail on the Interstate 90 bridge is heading back to the State Supreme Court.

Representatives from the Eastside Transportation Association announced Tuesday they intend to appeal a recent ruling in March by Kittitas County Superior Court that dismissed ETA’s suit to prohibit the State from transferring the two center lanes of the I-90 Bridge to Sound Transit. The suit went in front of the Supreme Court in September 2010, but judges ruled in April 2011 that they could not forbid the Washington State Department of Transportation from transferring the lanes in advance. This left open the possibility of a new case in the future.

ETA representatives, including Former State Sen. Jim Horn and Bellevue developer Kemper Freeman, argue that the state does not have the authority to transfer the lanes because gas tax funding was used to pay for the bridge, the area of which can only be used for highway purposes. They argue that light-rail coming across the bridge does not represent a highway purpose.

“That bridge belongs to every citizen of this state,” Horn said. “We all paid for it. When eastern Washington trucking slows down, we’re all going to be paying more for our products.”

Sound Transit pledged to build an extra HOV lane on both the east and west sides of the highway to make up for the loss of the center lanes. The new eastbound lane through Mercer Island was completed last month. The new lanes will not span the full area covered by the center lanes, as they do not run through the Mt. Baker tunnel.

Light-rail across the bridge has come in the race for governor as well. Republican Candidate Rob McKenna said he didn’t think it was feasible to take rail across the bridge. Democratic candidate Jay Inslee jumped on those comments, and he issued a statement decrying the I-90 lawsuit, calling out McKenna and Freeman specifically.

“As the majority of businesses throughout the region have made clear, we need to move forward with transportation projects, not second guess, or question with additional public votes and ongoing litigation,” Inslee said. “Armchair engineers like Rob McKenna and Kemper Freeman have other ideas, repeating tired arguments and causing disruptions that waste money, postpone job growth and keep our freeways clogged. Freeman should drop the lawsuit and let the region move forward.”