TOWN OF ATHERTON v. CALIFORNIA HIGH-SPEED RAIL AUTHORITY

No. C070877.

228 Cal.App.4th 314 (2014)

175 Cal. Rptr. 3d 145

TOWN OF ATHERTON et al., Plaintiffs and Appellants, v. CALIFORNIA HIGH-SPEED RAIL AUTHORITY, Defendant and Respondent.

Court of Appeals of California, Third District.

July 24, 2014.


Attorney(s) appearing for the Case

Stuart M. Flashman for Plaintiffs and Appellants.

Griswold, LaSalle, Cobb, Dowd & Gin, Raymond L. Carlson and Laura A. Wolfe for Citizens for California High-Speed Rail Accountability as Amicus Curiae on behalf of Plaintiffs and Appellants.

Colleen Carlson , County Counsel (Kings), and Erik Kaeding , Deputy County Counsel, for County of Kings as Amicus Curiae on behalf of Plaintiffs and Appellants.

Virginia Gennaro , City Attorney (Bakersfield), and Andrew Heglund , Deputy City Attorney, for City of Bakersfield as Amicus Curiae on behalf of Plaintiffs and Appellants.

Chatten-Brown & Carstens, Jan Chatten-Brown , Douglas P. Carstens and Josh Chatten-Brown for John Van de Kamp, San Luis Obispo Coastkeeper, Endangered Habitats League, Environmental Water Caucus, Pacific Energy Policy Center, Laguna Greenbelt, Inc., North County Watch, Communities for Sustainable Monterey County and West County Toxics Coalition as Amici Curiae on behalf of Plaintiffs and Appellants.

Wanger Jones Helsley, Oliver W. Wanger , John P. Kinsey , and Daren A. Stemwedel for Preserve our Heritage as Amicus Curiae on behalf of Plaintiffs and Appellants.

Chatten-Brown & Carstens, Jan Chatten-Brown , Douglas P. Carstens , and Josh Chatten-Brown for Friends of Eel River, Friends of Rose Canyon, The River Project, Save Our NTC, Inc., and California Native Plant Socity as Amici Curiae on behalf of Plaintiffs and Appellants.

Kamala D. Harris , Attorney General, John A. Saurenman , and Daniel L. Siegel , Assistant Attorneys General, Danae J. Aitchison and Jessica E. Tucker-Mohl , Deputy Attorneys General, for Defendant and Respondent.

Pillsbury Winthrop Shaw Pittman, Michael R. Barr , Kevin M. Fong , and Blaine I. Green for Union Pacific Railroad Company as Amicus Curiae.


OPINION

DUARTE, J.

California has long contemplated a high-speed rail system connecting its southern and northern regions. In 1996 when the Legislature established defendant California High-Speed Rail Authority (the Authority), it declared the need for an intercity rail system operating at high speeds to complement the existing infrastructure of highways and airports. (Pub. Util. Code, § 185010.) As plans for a high-speed rail...

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