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CALIFORNIA HIGH-SPEED RAIL AUTHORITY v. SUPERIOR COURT

No. C075668.

228 Cal.App.4th 676 (2014)

175 Cal. Rptr. 3d 448

CALIFORNIA HIGH-SPEED RAIL AUTHORITY et al., Petitioners, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; JOHN TOS et al., Real Parties in Interest.

Court of Appeals of California, Third District.

July 31, 2014.

Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General, Kathleen A. Kenealy , Chief Assistant Attorney General, Douglas J. Woods , Assistant Attorney General, Constance L. LeLouis , Tamar Pachter , Sharon L. O'Grady , Paul Stein , Stephanie F. Zook and Ross C. Moody , Deputy Attorneys General, for Petitioners.

Hanson Bridgett , David J. Miller and Julia H. Veit for Peninsula Corridor Joint Powers Board and San Mateo County Transit District as Amici Curiae on behalf of Petitioners.

Adrienne D. Weil for Metropolitan Transportation Commission as Amicus Curiae on behalf of Petitioners.

Robert Fabela for Santa Clara Valley Transportation Authority as Amicus Curiae on behalf of Petitioners.

Therese M. Stewart , Chief Deputy City Attorney, for City and County of San Francisco as Amicus Curiae on behalf of Petitioners.

Altshuler Berzon , Scott A. Kronl and Connie K. Chan for State Building and Construction Trades Council of California, AFL-CIO, as Amicus Curiae on behalf of Petitioners.

Gresham Savage Nolan & Tilden, Ellen Berkowitz , Stefanie G. Field , Daniel F. Freedman ; Kelly Crane Law and Peter D. Kelly III for the Hon. Cathleen Galgiani, California State Senator, as Amicus Curiae on behalf of Petitioners.

John F. Krattli , County Counsel, Charles M. Safer , Assistant County Counsel, and Richard P. Chastang , Principal Deputy County Counsel, for Los Angeles County Metropolitan Transportation Authority as Amicus Curiae on behalf of Petitioners.

Joanna G. Africa for Southern California Association of Governments as Amicus Curiae on behalf of Petitioners.

No appearance for Respondent.

Howard Jarvis Taxpayers Foundation, Jonathan M. Coupal and Timothy A. Bittle for Real Party in Interest Howard Jarvis Taxpayers Association.

Griswold, LaSalle, Cobb, Dowd & Gin and Raymond L. Carlson for Real Parties in Interest Kings County Water District and Citizens for California High-Speed Rail Accountability.

Law Offices of Stuart M. Flashman, Stuart M. Flashman ; and Michael J. Brady for Real Parties in Interest John Tos, Aaron Fukuda and County of Kings.

Theresa A. Goldner , County Counsel, Mark L. Nations , Chief Deputy County Counsel, and Nicole M. Misner , Deputy County Counsel, for Real Party in Interest County of Kern.

Pillsbury Winthrop Shaw Pittman, Andrew D. Bluth , Michael R. Barr , Kevin M. Fong and Blaine I. Green for Real Party in Interest Union Pacific Railroad Company.

Pacific Legal Foundation, Meriem L. Hubbard , Harold E. Johnson and Ralph W. Kasarda for Real Party in Interest First Free Will Baptist Church.

OPINION

RAYE, P. J. —

Substantial legal questions loom in the trial court as to whether the high-speed rail project the California High-Speed Rail Authority (Authority) seeks to build is the project approved by the voters in 2008. Substantial financial and environmental questions remain to be answered by the Authority in the final funding plan the voters required for each corridor or usable segment of the project. (Sts. & Hy. Code...

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