The New Hampshire Motor Transportation Association sued the state of New Hampshire Dec. 5, seeking to block the use of highway funds for commuter rail projects, The Nashua Telegraph reported.

"Despite its bumps and potholes, America's highway system is the best in the world because of dedicated highway user fees," Todd Spencer, executive vice president of the OOIDA, said. "Raids on those funds whether in Nashua or in Washington, DC, should not be allowed, or, ultimately, the entire system fails."

In the lawsuit, the group says the plan violates the state constitution, which requires fuel taxes and motor vehicle fees be spent only in support of roads and bridges. In addition, three times during the 1990s, the state Legislature killed bills that would have amended the constitution, allowing highway fund money to be used to support public transit. And in October 1992, the state attorney general's office wrote an opinion that highway fund revenue could not be used for "passenger rail projects."

Nashua Mayor Bernie Streeter told the paper he thought the lawsuit would fail.

"I think they are grasping at straws," he said. "If I were a trucker, I would be interested in getting passenger vehicles off the road. Commuter rail in Nashua immediately will take 1,000 cars off the highways."

Outgoing Gov. Jeanne Shaheen has supported the project and U.S. Rep. Charles Bass (R-NH) helped secure federal grants. Gov.-elect Craig Benson talked in support of expanding use of commuter rail during his 2002 campaign.