California High Speed Rail Authority Denied Request to Overturn Lawsuit

Seems like it's nothing but bad news for the rail authority since a judge ruled in November that the project was not in compliance with the proposition that the voters approved in 2008. This appeals court ruling means that a trial will move forward.

2 minute read

April 21, 2014, 6:00 AM PDT

By Irvin Dawid


The Sacramento Superior Court's August and November rulings last year on the Kings County et.al case set off what The Fresno Bee's Tim Sheehan describes as "a complex web of litigation that threatens to stall or kill the proposed $68 billion statewide high-speed rail program, even as the (California High Speed Rail Authority) says it is on the cusp of starting construction on the first 29-mile stretch [PDF] in Madera and Fresno counties." [See related article by Sheehan.]

The rail authority had asked the California Supreme Court "to overturn the Sacramento County Superior Court's decision ordering a trial on one part of a lawsuit while another portion of the case is pending an appeal." The Supreme Court directed the petition to the 3rd District Court of Appeal.

The appeals court denial of the March 21 request "means that the trial on the issue of the Authority's violations of  Proposition 1A's requirements ... will move forward, probably some time this summer," said Stuart Flashman, an "Oakland attorney representing Kings County farmer John Tos, Hanford homeowner Aaron Fukuda and the Kings County Board of Supervisors." That "two-pronged" case was filed in late 2011.

Is Caltrain electrification imperiled by the ruling?

Sheehan writes that "(t)he portion of the lawsuit affected by Tuesday's order involves assertions by Tos, Fukuda and the county that plans for bullet trains to share upgraded, electrified tracks with commuter trains along the San Francisco Peninsula (and to a lesser degree in the Los Angeles area) violates Prop. 1A in several key aspects:

• That the blended system is substantially different than a line of fully dedicated tracks only for high-speed trains that some hard-core advocates and project opponents both say was what voters were promised in Prop. 1A.

• That sharing tracks with the Caltrain commuter line between San Francisco and San Jose will keep high-speed trains from achieving Prop. 1A's ultimate mandate for a 2-hour 40-minute nonstop ride from downtown San Francisco to Los Angeles' Union Station."

Sheehan points to two other rulings that the 3rd District Court of Appeal has on its plate - both appeals by the authority on Sacramento Municipal Court rulings: "the first piece of the Kings County lawsuit on the 2011 financing plan, and (Judge Michael) Kenny's refusal to validate the sale of Prop. 1A bonds needed to pay for the first phases of construction in the San Joaquin Valley."

Wednesday, April 16, 2014 in The Fresno Bee

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Cover CM Credits, Earn Certificates, Push Your Career Forward

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

July 16, 2025 - Diana Ionescu

Green vintage Chicago streetcar from the 1940s parked at the Illinois Railroad Museum in 1988.

Chicago’s Ghost Rails

Just beneath the surface of the modern city lie the remnants of its expansive early 20th-century streetcar system.

July 13, 2025 - WTTV

Blue and silver Amtrak train with vibrant green and yellow foliage in background.

Amtrak Cutting Jobs, Funding to High-Speed Rail

The agency plans to cut 10 percent of its workforce and has confirmed it will not fund new high-speed rail projects.

July 14, 2025 - Smart Cities Dive

Worker in yellow safety vest and hard hat looks up at servers in data center.

Ohio Forces Data Centers to Prepay for Power

Utilities are calling on states to hold data center operators responsible for new energy demands to prevent leaving consumers on the hook for their bills.

July 18 - Inside Climate News

Former MARTA CEO Collie Greenwood standing in front of MARTA HQ with blurred MARTA sign visible in background.

MARTA CEO Steps Down Amid Citizenship Concerns

MARTA’s board announced Thursday that its chief, who is from Canada, is resigning due to questions about his immigration status.

July 18 - WABE

Rendering of proposed protected bikeway in Santa Clara, California.

Silicon Valley ‘Bike Superhighway’ Awarded $14M State Grant

A Caltrans grant brings the 10-mile Central Bikeway project connecting Santa Clara and East San Jose closer to fruition.

July 17 - San José Spotlight