MBTA

errors in law" in federal court soon, Sullivan told the council.

"If the higher court upholds the earlier ruling, I would consider it a moot point and say any more challenges would be futile," Sullivan said.

"Without a preliminary injunction, construction will continue during the trial," Sullivan said. "There is no chance a judge two years down the road when the subway is three-quarters built is going to say 'Hey you were right' and order construction stopped," he said.

The high cost of fighting the MBTA also makes continuing the fight unattractive, Sullivan said. The city has already paid McGregor $22,000 in legal fees, city solicitor Russell Higley reported.

The subway's Red Line is being extended from its current terminus in Harvard Square along Mass Ave to the Alewife area.