Validation: It’s a Funny Concept

Validation: It’s a Funny Concept

08/22/13 Filed in:

Fearing an infinite number of lawsuits challenging the issuance of High-Speed Rail bonds, the California High-Speed Rail Authority filed an arcane  legal maneuver in the Sacramento Superior Court, seeking to force anyone wanting to sue to put up or shut up. The maneuver is called a Validation  Suit. After the Authority has filed its Opening Brief, it asks all persons that are interested in challenging the issuance of bonds to come forward to file an Objection. After the Authority files a reply brief, the Court will then rule on whether challenges to the issuance of bonds are forever banned.

An especially fascinating aspect to this validation suit is that the defendants are identified as “All Persons Interested in the Matter of the Validity of the Authorization and Issuance of General Obligation Bonds to be Issued Pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century, and Certain Proceedings and Matters Related Thereto.”

Interestingly, the Authority asserts that a validation ruling will not affect the ability of a taxpayers’ suit to challenge the expenditure of bond funds.

Click here to see the major papers filed in the case.

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