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NOVATO ADVANCE Appeals court may try city’s train suit
Author: DAVID I
Date: 05-08-2008 - 17:14
FRONT PAGE OF NOVATO ADVANCE TODAY
Appeals court may try city’s train suit
Freight-train fans excited; city replies ‘ho hum
By Tim Omarzu
Managing Editor
Wednesday, May 7, 2008 12:06 PM PDT
The California Court of Appeals is going to review the city of Novato lawsuit that’s holding up repair of freight train tracks in the North Bay. A three-judge panel in San Francisco asked for legal briefs be filed in the First District Court of Appeals.
Supporters of freight trains hailed the news, because the court denies most requests for appeals.
“The last thing you want to do is start popping the champagne before it’s over. But the fact of the matter is, we made our (appeal) request, and two days later, they granted our request,” said Mitch Stogner, executive director of the North Coast Railroad Authority, the target of the city’s lawsuit.
The California Attorney General’s Office filed an appeals court brief in support of the railroad authority. It did so on behalf of the California Transportation Commission.
City manager Dan Keen downplayed the developments, saying, “I would interpret what you heard as optimistic spin. I wouldn’t read anything into it.”
The appeals court will reconsider the injunction that Marin Superior Court Judge James Ritchie gave at the city’s request to stop work on bridge and track repairs on tracks between Lombard and Windsor.
The city argues that the railroad authority hasn’t done adequate environmental review; the railroad authority says the city filed its objection six months after the period for complaints had expired.
The appeals court hasn’t yet set a hearing on the matter; it only asked for legal briefs by mid-May.
Appeals court may try city’s train suit
Freight-train fans excited; city replies ‘ho hum
By Tim Omarzu
Managing Editor
Wednesday, May 7, 2008 12:06 PM PDT
The California Court of Appeals is going to review the city of Novato lawsuit that’s holding up repair of freight train tracks in the North Bay. A three-judge panel in San Francisco asked for legal briefs be filed in the First District Court of Appeals.
Supporters of freight trains hailed the news, because the court denies most requests for appeals.
“The last thing you want to do is start popping the champagne before it’s over. But the fact of the matter is, we made our (appeal) request, and two days later, they granted our request,” said Mitch Stogner, executive director of the North Coast Railroad Authority, the target of the city’s lawsuit.
The California Attorney General’s Office filed an appeals court brief in support of the railroad authority. It did so on behalf of the California Transportation Commission.
City manager Dan Keen downplayed the developments, saying, “I would interpret what you heard as optimistic spin. I wouldn’t read anything into it.”
The appeals court will reconsider the injunction that Marin Superior Court Judge James Ritchie gave at the city’s request to stop work on bridge and track repairs on tracks between Lombard and Windsor.
The city argues that the railroad authority hasn’t done adequate environmental review; the railroad authority says the city filed its objection six months after the period for complaints had expired.
The appeals court hasn’t yet set a hearing on the matter; it only asked for legal briefs by mid-May.
| Subject | Written By | Date/Time (PST) |
|---|---|---|
 NOVATO ADVANCE Appeals court may try city’s train suit |
DAVID I | 05-08-2008 - 17:14 |
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Re: NOVATO ADVANCE Appeals court may try city’s train suit
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Mitsy, ESQ | 05-10-2008 - 10:49 |