Tag Archives: Michael Brady

Radio Interview with Attorney Protecting Rights of the People from California High-Speed Rail Authority

Californians across the political spectrum want to see public accountability for California High-Speed Rail. Go to a California High-Speed Rail Authority board meeting, and you’ll see people from all walks of life with a wide variety of concerns about this $68 billion project.

Today (Wednesday, August 12, 2015) at 3:00 p.m., attorney Mike Brady will be interviewed on the “Stir It Up” radio show hosted by Richard Gomez on KFCF Free Speech Radio, 88.1 FM in Fresno, California. Mr. Brady represents people in Kings County objecting to the conduct of the California High-Speed Rail Authority as it pushes forward with its vision of a bullet train through the farmland of the Central Valley.

Also scheduled to be interviewed is Cherylyn Smith, a Fresno teacher and environmental activist.

You can also listen to the show at KFCF 88.1FM – Free Speech Radio. The audio will also be available for two weeks following the show.

High-Speed Rail Opponents Seek California Supreme Court Review – Press Conference on September 2 in San Francisco

HIGH-SPEED RAIL OPPONENTS SEEK CALIFORNIA SUPREME COURT REVIEW

Attorneys challenging the California High-Speed Rail Authority’s bond funding will hold a press conference on Tuesday, September 2, 2014 to explain the petitions they are filing with the California Supreme Court. Michael Brady and Stuart Flashman, representing John Tos, Aaron Fukuda and Kings County, will offer copies of the Petition for Review they plan to file that morning.

Here’s the location, time, and date of the press conference:

Sidewalk in front of the California Supreme Court Building
350 McAllister Street, San Francisco
Tuesday, September 2, 2014 at 10:30 AM

In addition, Harold Johnson of the Pacific Legal Foundation will discuss the petition he will be filing on behalf of the First Free Will Baptist Church in Bakersfield. The Howard Jarvis Taxpayers Association will also be represented at the press conference, barring scheduling difficulties.

The petitions ask the Supreme Court to review the Third District Court of Appeal decision overturning two trial rulings that had hamstrung Californiaʼs High-Speed Rail project. The Appellate Court ruled that “The Legislature appropriated the bond proceeds based on the preliminary funding plan, however deficient, and there is no present duty to redo the plan.”

The Court also held that no evidence was needed to show that it was “necessary or desirable” to issue bonds, reversing the trial court ruling that had prevented the sale of bonds and effectively erasing that provision from the ballot measure. Plaintiff’s lead counsel, Michael Brady, says “The Authority is now on life support; it has been granted a stay of execution by the Court of Appeal. This filing seeks to lift that stay.”

Stuart Flashman, co-counsel adds, “The Court of Appeal ruling overturns longstanding precedents in the interpretation of bond measures. If these decisions stand, voters will lose trust in future bond measures.”

Harold Johnson of the Pacific Legal Foundation says “The High Speed Rail project must be fully transparent and fully faithful to the law. Evading accountability can’t be allowed on one of the most expensive public works projects in U.S. history.”

The Tos Petition for Review will be available on the morning of September 2, at the bottom of the TRANSDEF web page, along with all documents from these two cases. Three other claims in the Tos case are still pending in the trial court.

You can also read the court decision and the petition for review at these links:

September 1, 2014 Tos / Fukuda / Kings County Petition to California Supreme Court for Review of California High-Speed Rail Decisions

July 31, 2014 California Appeals Court Decision in Favor of California High-Speed Rail Authority

Background

The Tos v. California High-Speed Rail Authority case was brought by a farmer, a rural homeowner and Kings County. It asked the Court to block the Authority from using bond funds because the project failed to meet the ballot measureʼs requirements.

In November 2013, Judge Michael Kenny ruled that the High-Speed Rail Authorityʼs Funding Plan failed to properly certify, as the bond measure required, that all needed environmental clearances had been obtained and that sufficient funding was available to complete the Merced-to-San-Fernando-Valley segment of the project.

In California High-Speed Rail Authority et al. v. All Persons Interested et al., Judge Kennyʼs ruling blocked the issuance of bonds because of another failure to satisfy bond measure requirements.

For more information, please visit us at https://cchsra.org and/or contact Shelli Andranigian at andranigianmedia7@att.net. Thank you.

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Court Allows California High-Speed Rail to Violate Terms in Voter-Approved Bond Measure: Press Release from Legal Team

On July 31, 2014, the California 3rd District Court of Appeal overturned two lower court decisions and sided with the California High-Speed Rail Authority and Governor Jerry Brown. It allowed the California High-Speed Rail Authority to borrow $9 billion for high-speed rail as authorized by Proposition 1A, approved by voters in November 2008. Here is the decision:

3rd District Court of Appeal Decision: California High-Speed Rail Authority et al. v. The Superior Court of Sacramento County (John Tos, Real Party in Interest) 

Here is a press release from the legal team that argued against the California High-Speed Rail Authority. They argued that the Authority had violated some of the provisions of Proposition 1A and therefore could not borrow money by selling bonds as authorized by voters in 2008 under Proposition 1A.

 

August 1, 2014
For Immediate Release

COURT OF APPEAL ALLOWS HIGH-SPEED RAIL TO VIOLATE BOND MEASURE

The Third District Court of Appeal late yesterday overturned two trial rulings that had hamstrung Californiaʼs still-embattled High-Speed Rail project. The Court ruled that “The Legislature appropriated the bond proceeds based on the preliminary funding plan, however deficient, and there is no present duty to redo the plan.”

Plaintiff’s lead counsel, Michael Brady, was disappointed with the ruling. He said “The voters approved Proposition 1A only because it included stringent requirements to protect the state from financial risk. The Court ruled that although the project did not meet the requirements, taxpayers have no remedy now. They can only sue after many more tens of millions of dollars are spent on design and analysis.”

Stuart Flashman, co-counsel added, “The court has essentially allowed the Authority to ignore promises it, and the legislature, made to Californiaʼs voters. It bodes ill for votersʼ willingness to trust such promises in the future. Supreme Court review appears warranted.”

In November 2013, Judge Michael Kenny ruled that the High-Speed Rail Authorityʼs Funding Plan failed to properly certify, as the bond measure required, that all needed environmental clearances had been obtained and sufficient funding was available to complete the Merced to San Fernando Valley segment of the project.

The Tos v. California High-Speed Rail Authority case was brought by a farmer, a rural homeowner and Kings County. It asked the Court to block the Authority from using bond funds because the project failed to meet the ballot measureʼs requirements.

In addition, the appeals court reversed Kennyʼs ruling that blocked the issuance of bonds because of another failure to satisfy bond measure requirements. In California High-Speed Rail Authority et al. v. All Persons Interested, the appellate court held that no evidence was needed to show that it was “necessary or desirable” to issue the bonds – effectively erasing that provision from the ballot measure.

Click here to access documents from the two cases. Three other claims in the Tos case are still pending in the trial court.

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