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I-77 toll lanes might move forward again as Graham, Mayo indicate openness to support
By Greg Lacour
September 14, 2026 at 8:51 PM EDT
After months of debate and an earlier vote that appeared to end the project, the contentious Interstate 77 toll lanes from uptown to South Carolina may move forward after all. That appeared to be the case after Monday, when Charlotte City Council members discussed what to do next about the largest highway project in the state’s history.
Council members plan to vote next Monday on whether to reverse their decision to withdraw support for the $4 billion toll lane project. Two council members who voted against the toll lanes in May indicated Monday that they now lean toward support.
One of them is Malcolm Graham. He indicated that he doesn't think a possible lawsuit by the city against the state is worth pursuing.
“We’re better together, as a city and a state, and we have to work it out. A lawsuit poisons that relationship for sure, and even if we win, we lose. The better path for fighting the state is at the ballot box. We have to win elections. We cannot win in court.”
Graham said he would want the state's offer of potential benefits to the neighborhoods impacted to be in writing.
Council member Joi Mayo urged her colleagues to consider the state’s promise of as much as $300 million in community benefits, as well as a promise to rebuild 17 bridges along the highway. The toll lanes would run through Graham and Mayo's districts.
A revival of Charlotte’s support would virtually assure that the Charlotte Regional Transportation Planning Organization will reverse course and approve the toll lanes.
Republican state lawmakers passed a provision as part of the budget that would require local governments that vote against the project to reimburse the Department of Transportation about $70 million dollars for money spent designing the highway.
The planning organization is expected to vote Sept. 23, two days after the City Council decision.
A reversal of fortunes
City Council members in May voted 6-5 against supporting the state’s plans to use a private contractor to build and manage the toll lanes. When the vote was taken, Graham appeared to hesitantly raise his hand to vote "no."
The Charlotte Regional Transportation Planning Organization then voted to rescind its support for the toll lanes.
Since that vote, Charlotte and other local governments have been under intense pressure to approve the project.
If the toll lanes were brought back, Gov. Josh Stein’s DOT pledged Charlotte’s west side up to $300 million in community benefits, such as a possible cap over part of the highway and money for two new, nonprofit community grocery stories. There is as yet no contractual agreement however, for the benefits.
The prospect of repaying the state for design costs has already caused some municipalities such as Cornelius, Huntersville and Monroe to announce they will switch their votes on the toll lanes from "no" to "yes."
Davidson hasn’t made a decision, though Commissioners have said the penalty would be difficult for them to pay. Matthews has asked the city of Charlotte to pay its fine if Matthews sticks with Charlotte on a "no" vote, though there is no indication council members are willing to do that. Charlotte's city attorney said Monday that the city couldn't do so, and council members said they don't think doing so is Charlotte's responsibility.
There are 74 total votes on CRTPO, weighted among the different municipalities. The city of Charlotte has 31 votes and Mecklenburg County has three.
Those 34 votes are not a majority if every voting member on CRTPO attends. But it’s rare for a CRTPO meeting to have a full slate of voting members. If there are only 68 or fewere voting members in attendance for the September meeting, the city and Mecklenburg could stop the project — if they vote no.
Council members plan to vote next Monday on whether to reverse their decision to withdraw support for the $4 billion toll lane project. Two council members who voted against the toll lanes in May indicated Monday that they now lean toward support.
One of them is Malcolm Graham. He indicated that he doesn't think a possible lawsuit by the city against the state is worth pursuing.
“We’re better together, as a city and a state, and we have to work it out. A lawsuit poisons that relationship for sure, and even if we win, we lose. The better path for fighting the state is at the ballot box. We have to win elections. We cannot win in court.”
Graham said he would want the state's offer of potential benefits to the neighborhoods impacted to be in writing.
Council member Joi Mayo urged her colleagues to consider the state’s promise of as much as $300 million in community benefits, as well as a promise to rebuild 17 bridges along the highway. The toll lanes would run through Graham and Mayo's districts.
A revival of Charlotte’s support would virtually assure that the Charlotte Regional Transportation Planning Organization will reverse course and approve the toll lanes.
Republican state lawmakers passed a provision as part of the budget that would require local governments that vote against the project to reimburse the Department of Transportation about $70 million dollars for money spent designing the highway.
The planning organization is expected to vote Sept. 23, two days after the City Council decision.
A reversal of fortunes
City Council members in May voted 6-5 against supporting the state’s plans to use a private contractor to build and manage the toll lanes. When the vote was taken, Graham appeared to hesitantly raise his hand to vote "no."
The Charlotte Regional Transportation Planning Organization then voted to rescind its support for the toll lanes.
Since that vote, Charlotte and other local governments have been under intense pressure to approve the project.
If the toll lanes were brought back, Gov. Josh Stein’s DOT pledged Charlotte’s west side up to $300 million in community benefits, such as a possible cap over part of the highway and money for two new, nonprofit community grocery stories. There is as yet no contractual agreement however, for the benefits.
The prospect of repaying the state for design costs has already caused some municipalities such as Cornelius, Huntersville and Monroe to announce they will switch their votes on the toll lanes from "no" to "yes."
Davidson hasn’t made a decision, though Commissioners have said the penalty would be difficult for them to pay. Matthews has asked the city of Charlotte to pay its fine if Matthews sticks with Charlotte on a "no" vote, though there is no indication council members are willing to do that. Charlotte's city attorney said Monday that the city couldn't do so, and council members said they don't think doing so is Charlotte's responsibility.
There are 74 total votes on CRTPO, weighted among the different municipalities. The city of Charlotte has 31 votes and Mecklenburg County has three.
Those 34 votes are not a majority if every voting member on CRTPO attends. But it’s rare for a CRTPO meeting to have a full slate of voting members. If there are only 68 or fewere voting members in attendance for the September meeting, the city and Mecklenburg could stop the project — if they vote no.