Jul 2014

Court of Appeal Hits HSR Critics Hard

The Third District Court of Appeal issued rulings in the Atherton II appeal and the Authority’s Extraordinary Writ petition recently. Both of them were very hard on HSR critics. See the posts at the bottom of the pages for links to the rulings and brief explanations.

COURT OF APPEAL ALLOWS HIGH-SPEED RAIL TO VIOLATE BOND MEASURE

The Third District Court of Appeal late yesterday overturned two trial rulings that had hamstrung California’s still-embattled High-Speed Rail project. The Court ruled that "The Legislature appropriated the bond proceeds based on the preliminary funding plan, however deficient, and there is no present duty to redo the plan."

Plaintiff's lead counsel, Michael Brady, was disappointed with the ruling. He said "The voters approved Proposition 1A only because it included stringent requirements to protect the state from financial risk. The Court ruled that although the project did not meet the requirements, taxpayers have no remedy now. They can only sue after many more tens of millions of dollars are spent on design and analysis.”

Stuart Flashman, co-counsel added, "The court has essentially allowed the Authority to ignore promises it, and the legislature, made to California’s voters. It bodes ill for voters’ willingness to trust such promises in the future. Supreme Court review appears warranted.”
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Plan Bay Area Court Decision Released

Alameda County Superior Court Judge Grillo issued a ruling today in the Bay Area Citizens v. ABAG challenge to Plan Bay Area. He denied their petition that sought a ruling that the EIR was inadequate. See the decision and the briefing at the bottom of this page. This page also contains the settlement between the MTC and Sierra Club and Communities for a Better Environment.