November 8 Court Hearing Set for Anti-HSR Lawsuit Remedy
Sacramento County Superior Court Judge Michael Kenny has set November 8 as the date for the hearing to help determine what remedy he will order as a result of his ruling in the anti-HSR case brought by several Kings County residents. Judge Kenny declined to stipulate any remedies in his August ruling.
It’s a wide open question as to what exactly the judge will decide. Because his ruling relied on the 2011 financing plan, which was superseded by the 2012 Business Plan, it’s possible that any remedy would be minor. He also noted in his ruling that there is no penalty for non-compliance – the Legislature gave itself the power to decide what “compliance” with Prop 1A means by authorizing the funds and since they did so in July 2012, it’s possible, if wishful, that their actions render the court’s decision moot.
My guess is that whatever remedy is ordered, it will be minor and that the Authority will be able to continue working on the project while it complies. That’s similar to the remedy Judge Kenny ordered in 2009 when he also ruled against the HSR project on a few small technicalities related to an earlier EIR document.
Of course, feel free to bookmark this post so you can laugh at me if I turn out to be way off. But I don’t think I am. I would be very surprised if the judge orders the project to a halt.