Historic Court Hearing on May 31

Historic Court Hearing on May 31

05/27/13 Filed in:

Department 31 of Sacramento Superior Court will be the location of the oral argument scheduled for 9 am on Friday, May 31, 2013 in the case Tos v.  California High-Speed Rail Authority. The Tos plaintiffs, two farmers and Kings County, are asking the Court to declare that the Authority has failed to meet the statutory requirements of Proposition 1A.

Two out of ten claims asserted by the plaintiffs will be argued on Friday, with the balance to be considered after a decision is issued. Plaintiffs assert the Authority’s Funding Plan failed to validly certify that for the Merced to San Fernando Valley segment of the project, all environmental  clearances had been completed and that sufficient funding sources to complete the segment had been identified.

Proposition 1A included an elaborate set of requirements to protect taxpayers from having to pay for a money-losing unfinished project. By ignoring the statutory requirements, the Authority has set in  motion a project likely to become incomplete and stranded.

The case carries great consequence for the High-Speed Rail project. If the Court rules the Authority did not comply with the Proposition, the next  step would be to invalidate the Funding Plan and the appropriation. That would block the expenditure of high-speed rail bond funds and bring the $8 billion project currently being pursued by the Authority to an abrupt halt.

Click here for access to all the briefs filed in the case.

A ruling is expected within 90 days.

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