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Re: NCRA-Novato Hearing Delayed until Nov 4th
Author: Mitsy, ESQ
Date: 10-31-2008 - 08:10
Don't sugar coat it, Mike, give it to us straight.
However, you seem to be missing the essential legal issues that might be
raised before the judge. (It's not the details of the infrastructure, it's
in the legal issues raised by the agreement itself.)
As to your claims, the judge did not misread the law. The STB
does not have jurisdiction in the Novato lawsuit. I assure you that if
Doug Bosco thought that they did, he would have petitioned to have
the case removed from the state courts.
Island Mtn Quarry has everything to do with the lawsuit. It is the basis
under which Novato -- if it had stayed in the suit -- would have prevailed,
requiring the EIR of the whole of the project per state law. The problem
has always been with those plans submitted to the state and the ongoing
statements made by NCRA Board members in public meetings in Eureka.
As to the CTC money. I pretty much agree. They are likely to get the ok
in December. But it's not definite. And it depends on the judge's ruling
next week.
You may think it's over. We'll see.
As to Measure Q, I suggest you actually look at the 2006 votes by county
and ask yourself: do you think that in this economy 70% of Sonoma voters
are going to support a tax increase for a controversial and very questionable
transit system? To the extent that they lose even a little support in Sonoma,
Measure Q will not pass. 66.67% is very hard to get for a tax increase.
Tax proposals all over the state are expected to lose. Sonoma is no different.
However, you seem to be missing the essential legal issues that might be
raised before the judge. (It's not the details of the infrastructure, it's
in the legal issues raised by the agreement itself.)
As to your claims, the judge did not misread the law. The STB
does not have jurisdiction in the Novato lawsuit. I assure you that if
Doug Bosco thought that they did, he would have petitioned to have
the case removed from the state courts.
Island Mtn Quarry has everything to do with the lawsuit. It is the basis
under which Novato -- if it had stayed in the suit -- would have prevailed,
requiring the EIR of the whole of the project per state law. The problem
has always been with those plans submitted to the state and the ongoing
statements made by NCRA Board members in public meetings in Eureka.
As to the CTC money. I pretty much agree. They are likely to get the ok
in December. But it's not definite. And it depends on the judge's ruling
next week.
You may think it's over. We'll see.
As to Measure Q, I suggest you actually look at the 2006 votes by county
and ask yourself: do you think that in this economy 70% of Sonoma voters
are going to support a tax increase for a controversial and very questionable
transit system? To the extent that they lose even a little support in Sonoma,
Measure Q will not pass. 66.67% is very hard to get for a tax increase.
Tax proposals all over the state are expected to lose. Sonoma is no different.
