Validation: It's a Funny Concept
08/22/13 Filed in: High-Speed
Rail
Fearing an infinite
number of lawsuits challenging the issuance of
High-Speed Rail bonds, the California High-Speed Rail
Authority filed an arcane legal maneuver in the
Sacramento Superior Court, seeking to force anyone
wanting to sue to put up or shut up. The maneuver is
called a Validation Suit. After the Authority has
filed its Opening Brief, it asks all persons that are
interested in challenging the issuance of bonds to
come forward to file an Objection. After the
Authority files a reply brief, the Court will then
rule on whether challenges to the issuance of bonds
are forever banned.
An especially fascinating aspect to this validation suit is that the defendants are identified as “All Persons Interested in the Matter of the Validity of the Authorization and Issuance of General Obligation Bonds to be Issued Pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century, and Certain Proceedings and Matters Related Thereto.”
Interestingly, the Authority asserts that a validation ruling will not affect the ability of a taxpayers’ suit to challenge the expenditure of bond funds.
Click here to see the major papers filed in the case.
An especially fascinating aspect to this validation suit is that the defendants are identified as “All Persons Interested in the Matter of the Validity of the Authorization and Issuance of General Obligation Bonds to be Issued Pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century, and Certain Proceedings and Matters Related Thereto.”
Interestingly, the Authority asserts that a validation ruling will not affect the ability of a taxpayers’ suit to challenge the expenditure of bond funds.
Click here to see the major papers filed in the case.