Taxpayer Lawsuit Against HSRA Files New Complaint
07/06/12 Filed in: High-Speed Rail
Attorney Michael Brady, representing plaintiffs John Tos, Aaron Fukuda, and Kings County, filed a lawsuit back in November 2011, asserting that no Proposition 1A funds could legally be spent on the proposed Central Valley project by the California High-Speed Rail Authority. The Authority struck back and asked the Court to dismiss the lawsuit in a motion called a Demurrer.
After the Court sustained the Demurrer with leave to amend on June 22, Attorney Brady filed a Second Amended Complaint on July 6. Because the State Senate was debating a funding measure for High-Speed Rail that afternoon, he brought with him one version that included a reference to the Senate passing the measure, and a second one that did not. With the Clerk’s Office at the Court closing at 4:00 pm, and the Senate vote occurring at 3:59 pm, Attorney Brady filed the latter version. He will likely supplement the Complaint after the Governor signs the bill into law.
The Amended Complaint includes allegations that funds are currently being expended in support of construction, in violation of Proposition 1A and that adoption of the Funding Plan also violated Prop 1A. Now that the Legislature has actually appropriated bond funds, the Authority will have a hard time arguing that the suit is premature.
All the associated documents are available on this page.