Judge sets court date for high-speed rail challenge

The Fresno BeeSeptember 3, 2013 

The California High-Speed Rail Authority and its opponents in Kings County have a court date in November to argue about remedies to violations of Proposition 1A by the state agency's draft business plan.

Sacramento County Superior Court Judge Michael Kinny ordered a hearing for 9 a.m. Nov. 8 (note: the original version of this story incorrectly reported the date as Nov. 14) in the lawsuit filed by Kings County, Hanford farmer John Tos and Hanford resident Aaron Fukuda against the rail authority. Kinney ruled last month that the rail authority's business plan fails to comply with some key provisions of Prop. 1A, the high-speed rail bond measure approved by California voters in 2008.

But Kenny stopped short of blocking work on the project, instead ordering the two sides to submit briefs on legal remedies to the violations. The violations included failing to identify the sources of all of the money needed for the initial operating section from Merced to the Los Angeles Basin, and not having all of the environmental approvals needed for the Merced-Los Angeles portion of the proposed statewide rail system, before the planned start of construction.

The reporter can be reached at (559) 441-6319, tsheehan@fresnobee.com or @tsheehan on Twitter.

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