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Another lawsuit: Atherton donates $10K to high-speed rail litigation

Original post made on Mar 5, 2013

Hoping to set an example for other local communities that will be impacted by construction of the high-speed rail project, the town of Atherton is kicking in $10,000 to support a lawsuit that challenges the spending of project funds in the Central Valley.

Read the full story here Web Link posted Wednesday, March 6, 2013, 12:00 AM

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Posted by Dr Doodle
a resident of another community
on Mar 5, 2013 at 1:40 pm

Well, I'm no lawyer ... but judging by the quotes attributed in this article to Mr. Brady, it's questionable whether he's a lawyer either.

He says the "usable segment" is from Merced to Los Angeles.

Not quite. That's presumed to the be the Initial Operating Segment (a term with no legal definition) on which high speed rail service will first be introduced. There's also the federal requirement for "independent utility" and the Prop 1A requirement of "usability." The Central Valley construction project will have independent utility and will be usable by virtue of use for higher-speed diesel Amtrak service, as a high speed rail testbed, and as a component of the Initial Operating Segment.

He says the Authority plans to build a diesel rail system in the Central Valley.

Not really. Rather, the Authority is planning to connect its new tracks into the existing north/south freight tracks that Amtrak uses, thereby providing the opportunity for Amtrak to use the new tracks and provide higher-speed service. The Authority won't be spending any money on diesel equipment or operations; that's Amtrak.

He says that the Supreme Court has required the provisions of Proposition 1A to be strictly enforced.

Again, not really. Or rather, not at all. The California Supreme Court hasn't even looked at Proposition 1A.

If it were my $10,000, I'd want a better, and better informed, lawyer. Oh well.


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