Jan 2017

Allies Challenge AB 1899's Constitutionality

Five individuals, three non-profit organizations, the Town of Atherton and Kings County amended their lawsuit today, seeking a ruling that the California High-Speed Rail Authority's (CHSRA) efforts to obtain construction funding from a voter-approved bond measure violate the state constitution. The case is the second one filed as Tos v. California High-Speed Rail Authority, or Tos II. Legal papers are available here.

The Third District Court of Appeal had previously ruled that Prop. 1A, the 2008 $9.9 billion high-speed rail bond measure, created a "financial straitjacket" restricting the use of the bond funds. Plaintiffs allege in their suit that the Legislature's passage of AB 1889 created a tool that attempts to evade the bond measure's restrictions.

However, because AB 1889 fundamentally alters that voter-approved measure, plaintiffs allege it is unconstitutional, as are the funding plans that rely on it. Newly added as a plaintiff is retired judge and former CHSRA Chair Quentin Kopp, who helped write Prop. 1A and has joined the case to defend that measure as the voters approved it.
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