Saturday, March 28, 2015
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

Appellate court overturns high-speed rail rulings

By
From page A5 | August 01, 2014 |

SACRAMENTO — A state appellate court on Thursday overturned two lower court rulings that had stalled funding for California’s $68 billion bullet train, handing a big win to Gov. Jerry Brown’s signature project and allowing the state to resume selling bonds to pay for it.

The court overturned rulings by Sacramento County Superior Court Judge Michael Kenny last year in which he said the high-speed rail project no longer complies with the promises made to voters in 2008 when they approved selling nearly $10 billion in bonds. In siding with Kings County and Central Valley landowners, Kenny invalidated the sale of $8.6 billion in state bonds and ordered the California High-Speed Rail Authority to write a new funding plan.

Attorneys for the plaintiffs had argued that the state failed to identify all the funding for the first full segment of the rail line in the Central Valley, a cost of about $26 billion, and instead had found just $6 billion to pay for construction. They also argued the state did not have all the necessary environmental clearances as voters were promised.

But the three-judge panel said it was up to the Legislature to decide if there was enough detail in the draft funding plan lawmakers received before they approved the first phase of the planned 800-mile rail line in 2012. That allowed the state to begin selling bonds for construction of the first 130-mile stretch and tap $3.3 billion in federal matching funds.

The judges also urged that deference should be given to a state finance committee that considers state bond sales, saying they could not find any legal precedent for “the trial court’s highly unusual scrutiny of the finance committee’s determination that it is ‘necessary or desirable’ to grant the authority’s request to authorize the issuance of the bonds.”

Dan Richard, chairman of the board that oversees high-speed rail, said officials are committed to “building a modern high-speed rail system that will connect the state, precisely as the voters called for when they passed Proposition 1A.”

The appellate panel acknowledged there are legal questions about whether the project complies with promises made to voters about the financing and environmental review of the project, but it said those questions were beyond the scope of its ruling.

“Substantial legal questions loom in the trial court as to whether the high-speed rail project the California High-Speed Rail Authority seeks to build is the project approved by the voters in 2008,” they wrote. “But those questions are not before us.”

Stuart Flashman, an attorney for the plaintiffs, said the ruling “sends a really terrible message to Californians about whether they can trust what’s on the ballot.” He had argued that the requirement for a valid funding plan would not have been included in the ballot measure if it was not paramount to protecting the public interest.

“What this says, essentially, if I was your average voter and I was looking at a ballot measure, I’m going to vote no,” he said. “I don’t care what they promise me, I don’t believe it.”

The California High-Speed Rail Authority has said that while the state money is tied up, it is spending the federal funds for pre-construction work that includes engineering, surveying and acquiring land along the first 28-mile segment from Merced to Fresno. Attorneys for the state argued that it was premature for the plaintiffs to ask for an updated funding plan because no state money was being spent yet.

The landowners also argue that the compromises made to bring the price tag for the package down to $68 billion — namely, using a “blended approach” in which the high-speed trains would share tracks with other rail lines in urban areas — will make it impossible for high-speed rail to meet with the travel times promised to voters in 2008.

 

The Associated Press

The Associated Press

LEAVE A COMMENT

Discussion | No comments

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

.

Solano News

Sheepdogs, handlers flock to Rio Vista for trials

By Susan Winlow | From Page: A1, 1 Comment | Gallery

 
Fraisure Smith hearing delayed twice Friday

By Ryan McCarthy | From Page: A1, 14 Comments | Gallery

Luncheon honors women for their work to help others

By Susan Hiland | From Page: A1, 1 Comment | Gallery

 
Solano Rotary clubs honor top firefighters from across county

By Bill Hicks | From Page: A3 | Gallery

 
Eatery to host event to support child with cancer

By Glen Faison | From Page: A3

 
Project begins to brighten downtown Fairfield

By Susan Hiland | From Page: A3, 22 Comments | Gallery

 
Fairfield police log: March 26, 2016

By Susan Hiland | From Page: A9, 1 Comment

Suisun police log: March 26, 2015

By Susan Hiland | From Page: A9

 
Going home to mother

By Murray Bass | From Page: B10, 2 Comments

 
.

US / World

 
Jury says Silicon Valley firm did not discriminate

By The Associated Press | From Page: A3

 
Public defender: San Francisco jail inmates forced to fight

By The Associated Press | From Page: A4

 
Gov. Brown signs $1 billion water plan for dry California

By The Associated Press | From Page: A4 | Gallery

 
NY mayor: Someone may have ‘inappropriately’ tapped gas line

By The Associated Press | From Page: A5 | Gallery

Feds: Baltimore jail illegally keeping juveniles in solitary

By The Associated Press | From Page: A5

 
Autopsies determine children found in freezer were slain

By The Associated Press | From Page: A5

Fetus debate looms following charges in womb-cutting case

By The Associated Press | From Page: A5

 
 
‘Sopranos’ star’s apartment destroyed by blast

By The Associated Press | From Page: A7

 
Pilot who scared passengers sues airline

By The Associated Press | From Page: B7

‘Mad Men’ costumes, props head to Smithsonian

By The Associated Press | From Page: A7

 
US economy showing signs of durability

By The Associated Press | From Page: B7, 1 Comment

Mexico City businesses cite losses during Bond filming

By The Associated Press | From Page: A7

 
Nelson set to return to role as Coach

By The Associated Press | From Page: A7

 
German airline could face ‘unlimited’ damages for Alps crash

By The Associated Press | From Page: A10

Co-pilot appeared healthy, but may have hidden illness

By The Associated Press | From Page: A10

 
About 4,000 fishermen stranded on Indonesian islands

By The Associated Press | From Page: A10, 1 Comment

Warships move in key strait as airstrikes widen in Yemen

By The Associated Press | From Page: A11 | Gallery

 
Iran says nuke talks focused despite Yemen crisis

By The Associated Press | From Page: A11

At least 9 dead as militants attack hotel in Somali capital

By The Associated Press | From Page: A12

 
Amanda Knox murder conviction overturned by Italy high court

By The Associated Press | From Page: A12

.

Living

Books as decor: Versatile but meaningful design elements

By The Associated Press | From Page: HSR1Comments are off for this post | Gallery

 
Today in History: March 28, 2015

By The Associated Press | From Page: A2

Community Calendar: March 28, 2015

By Susan Hiland | From Page: A2

 
Horoscopes: March 28, 2015

By Holiday Mathis | From Page: B6

My elderly mother is so stingy I’m finding excuses not to visit her

By Kathy Mitchell and Marcy Sugar | From Page: B6

 
The newest fitness trend: Mixing it up

By The Associated Press | From Page: B10

.

Entertainment

TVGrid

By Daily Republic Syndicated Content | From Page: B7

 
‘Teen Mom’ star charged in picture posting case

By The Associated Press | From Page: A7

People: Zane Malik

By The Associated Press | From Page: A7

 
Larry David Broadway role handed to Jason Alexander

By The Associated Press | From Page: A7

‘Stomp’ stopped by NYC blast

By The Associated Press | From Page: A7

 
Mannequin museum show hits New York

By The Associated Press | From Page: A7

.

Sports

Ranuado goes 6 for Rangers’ but A’s rally for 7-6 win

By The Associated Press | From Page: B1

 
Notre Dame beats Stanford women 81-60, advances to Elite Eight

By The Associated Press | From Page: B1

 
Curry, Thompson lead Warriors in rout over Grizzlies

By The Associated Press | From Page: B1 | Gallery

Evans helps desperate Pelicans end skid vs. Kings, 102-88

By The Associated Press | From Page: B1

 
Chicago rooftop owner charged with trying to defraud Cubs

By The Associated Press | From Page: B2

 
Gift returns: Sterling wife wants house, $1 million

By The Associated Press | From Page: B2

Shaq acknowledges regret about decision to leave Magic

By The Associated Press | From Page: B2

 
NASCAR topic: Cheating with tire pressure, or just hot air?

By The Associated Press | From Page: B2

Hot Rod Hundley, former NBA player and Jazz announcer, dies

By The Associated Press | From Page: B2

 
Area resident Jimmy Walker takes lead in Texas Open

By The Associated Press | From Page: B2

Logano wins Martinsville pole; Elliott to start 27th

By The Associated Press | From Page: B2

 
A-Rod’s cousin pleads guilty in Florida steroids case

By The Associated Press | From Page: B2

Durant to have another surgery, miss rest of season

By The Associated Press | From Page: B2

 
This date in sports history for March 28, 2015

By The Associated Press | From Page: B3

 
.

Business

.

Obituaries

.

Comics

Baby Blues

By Daily Republic Syndicated Content | From Page: B5

 
Dilbert

By Daily Republic Syndicated Content | From Page: B5

Pickles

By Daily Republic Syndicated Content | From Page: B5

 
For Better or Worse

By Daily Republic Syndicated Content | From Page: B5

Beetle Bailey

By Daily Republic Syndicated Content | From Page: B5

 
Blondie

By Daily Republic Syndicated Content | From Page: B5

Garfield

By Daily Republic Syndicated Content | From Page: B5

 
B.C.

By Daily Republic Syndicated Content | From Page: B5

Frank and Ernest

By Daily Republic Syndicated Content | From Page: B5

 
Wizard of Id

By Daily Republic Syndicated Content | From Page: B5

Sally Forth

By Daily Republic Syndicated Content | From Page: B5

 
Zits

By Daily Republic Syndicated Content | From Page: B5

Rose is Rose

By Daily Republic Syndicated Content | From Page: B5

 
Get Fuzzy

By Daily Republic Syndicated Content | From Page: B5

Baldo

By Daily Republic Syndicated Content | From Page: B5

 
Cryptoquote

By Daily Republic Syndicated Content | From Page: B6

Sudoku

By Daily Republic Syndicated Content | From Page: B6

 
Crossword

By Daily Republic Syndicated Content | From Page: B6

Word Sleuth

By Daily Republic Syndicated Content | From Page: B6

 
Bridge

By Daily Republic Syndicated Content | From Page: B6

.

Home Seller 3/28/2015

Books as decor: Versatile but meaningful design elements

By The Associated Press | From Page: HSR1Comments are off for this post | Gallery

Real estate transactions for March 28, 2015

By Daily Republic | From Page: HSR2