The Third District Court of Appeal reversed a Sacramento Superior Court Judge’s ruling that prohibited the High Speed Rail Authority (HSRA) from selling bonds under Proposition 1A to construct the High Speed Rail Project (the Project) and ordered the HSRA to draft a new funding plan for the construction and operation of the Project. (See … Continue Reading
Last Friday, Governor Brown’s administration (the “Petitioners”) filed a petition for extraordinary writ of mandate and application for temporary stay with the California Supreme Court, challenging Superior Court Judge Michael Kenney’s decision last November to halt construction of the high-speed rail project. On Wednesday, the California Supreme Court declined to consider the petition and instead transferred … Continue Reading
A ruling by the Sacramento County Superior Court has presented a major roadblock to the California High-Speed Rail Authority’s (“Authority”) high-speed rail project (“Project”). On November 25, 2013, Judge Michael Kenny ruled that the Authority was not authorized to sell $8 billion of the $10 billion in state bonds designated for project funding under Proposition … Continue Reading
The parties in a pending Sacramento Superior Court action, Tos, et. al. v. California High Speed Rail Authority, et al., have submitted supplemental briefing in preparation for a hearing next week. The supplemental briefing addresses the Court’s uncertainty as to whether the issuance of a writ of mandate invalidating the High Speed Rail Authority’s (“Authority”) … Continue Reading
The California High-Speed Rail Authority ("Authority") had a major setback on Friday when Sacramento County Superior Court Judge Michael Kenny ruled that the Authority had "abused its discretion by approving a funding plan that did not comply with the requirements of [Proposition 1A]" and failed to identify "sources of funds that were more than merely theoretically possible."
Proposition 1A, which voters passed in 2008, requires the Authority to identify the funding for the entire first segment of the high-speed rail project and clear all environmental review prior to commencing construction. Last summer, lawmakers authorized selling $2.6 billion in state bonds for construction of the first segment, the 130 miles from Madera to Fresno, and allowed the state to tap $3.3 billion in federal matching funds. During the hearing, the Authority argued that it had complied with Proposition 1A because the requirements only apply to the construction of the first 130-mile segment.… Continue Reading
