Allegheny County Councilman Charles McCullough says County Executive Dan Onorato needs to ask council for permission to spend the excess $12 million in drink and car rental taxes on capital improvements at the Port Authority.

The county wanted to spend the extra funds on roads and bridges.

But Mr. McCullough and three local restaurateurs filed suit against the county last month to stop it from using the $12 million on roads and bridges instead of on the county's Port Authority subsidy. Judge Judith F. Olsen ruled Friday the money could be used for other Port Authority expenses.

"[Mr. Onorato] needs to work with this council in light of this decision to re-open the budget and determine how to spend that excess money," Mr. McCullough said.

But Kevin Evanto, Mr. Onorato's spokesman, said County Council already appropriated $6.3 million in this year's budget for capital improvements at the Port Authority and has no say over where the money comes from.

"They already authorized that money to the Port Authority. We don't have to go back to re-open the budget," he said.