Jan 2014

Three Cases Await Decisions

Filings are now complete in the three currently pending HSR cases:

The Sacramento Superior Court, Department 31, will hold a hearing on Friday, February 14 on the Defendant’s Motion for Judgment on the Pleadings. (See bottom of
page for filings.)

The Court of Appeal has a
Petition for Extraordinary Writ (initially filed with the Supreme Court) before it. A Preliminary Opposition was filed by the Tos Plaintiffs and Kern County. The Court of Appeal will decide in the near future whether to call for further briefing or dismiss the petition.

And finally, the Court of Appeal is also considering the issue of
federal preemption of CEQA raised by the HSR Authority. Oral argument will be held, either prior to or consolidated with its hearing on the appeal of Atherton II.

Flash Bulletin

The California Supreme Court has ordered the transfer of the California High-Speed Rail Authority’s Extraordinary Writ petition to the Court of Appeal, thereby demonstrating its independence and commitment to the law, not to mention its unwillingness to do the bidding of the Governor.

Ken Orski Nails It!

The very best writing on HSR:
Orski 1

Dan Walters: the Beginning of the End

In a column that is amazingly aligned with plaintiffs’ legal positions posted on this site, Dan Walters observes the desperation in Governor Brown’s move to request the California Supreme Court to give relief to the California High-Speed Rail Authority. [Please note that Judge Kenny is erroneously identified as Judge Kelly in this piece.]

Desperate Governor Petitions Supreme Court

In a rather shocking act of desperation, Governor Brown has had the Attorney General file a petition for an extraordinary writ with the California Supreme Court. The petition seeks to get around the two rulings of the Sacramento Superior Court, which have tied up the California High-Speed Rail Authority in knots.

Interestingly, both the Governor and the Chair of the Authority
discounted the significance of the Superior Court ruling when it first came out, and continue to do so. Meanwhile behind the scenes, deputies in the Attorney General’s office were busily working away at a 50+ page brief: “The trial court’s approach to these issues cripples government’s ability to function. The rulings thwart the intent of the voters and the Legislature to finance the construction of high-speed rail...” (p. 2)

The petition is notable for its whining “the world is coming to an end” tone.

See the legal papers here.

Authority Pleads for End to Beating

The California High-Speed Rail Authority filed a Motion for Judgment on the Pleadings, seeking to have the Sacramento Superior Court put an end to its losses in the Tos case. See the papers filed on this motion at the bottom of this page.