On Monday a judge will decide whether to halt Allegheny County's spending of excess drink tax receipts in the new year.

Common Pleas Judge Judith F. Olson set the date yesterday to hear arguments on an injunction requested by County Councilman Charles McCullough and local restaurateurs, who filed a lawsuit last week seeking to limit the county's use of drink and car rental tax receipts to transit spending.

Kevin Joyce, Sean Casey, John Graf and the group Friends Against Counterproductive Taxation joined Mr. McCullough in filing the suit in response to County Executive Dan Onorato's pledge to spend excess drink and car rental tax receipts on roads and bridges in 2009. The taxes are expected to bring in more than the $27.7 million the Port Authority needed to match state funds.

Appearing before Judge Olson yesterday, Mr. McCullough estimated that the county will collect $16 million more than it needs. County Solicitor Mike Wojcik said $4 million of that figure is going to debt service for the Port Authority. Final receipts for 2008 won't be known until January.

Judge Olson said that, among other questions, she will consider whether private citizens have legal standing to sue the county for a taxation issue.