High-Speed Rail Authority May Use Bond Funds – Supreme Court Rules

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The California High-Speed Rail Authority (“CHSRA”) is gaining more steam in keeping the High-Speed Rail Project (the “Project”) on track.  Today, the California Supreme Court issued a decision declining to review an appellate ruling against the CHSRA.

In July of this year, the Third District Court of Appeal overturned a lower court’s decision ruling that the CHSRA’s funding plan failed to identify funding sources for the Project and prohibited the sale of voter-approved bond funds under Proposition 1A.  The appellate court overturned that ruling on the basis that the preliminary funding plan is only an interlocutory and advisory document that did not require the CHSRA to identify each of its funding sources.

Today’s Supreme Court decision declining to review the lower case ruling means the Third District Court of Appeal’s decision will now stand and the CHSRA is authorized to access the voter-approved bond funds under Proposition 1A for construction of the Project.

The Project is gaining speed and many new legal developments are setting its pace.  Stay tuned.

 

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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