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Saturday, May 4, 2013
Rail Suit to Be Heard August 12, Quick Ruling Expected
By News Release @ 9:14 PM :: 4682 Views :: Rail

Ninth Circuit approves our request for an expedited hearing:

From May 3, 2013

In the case of et al. vs. Federal Transit Administration et al., note below that the Ninth Circuit Court of Appeals denied the City's motion to dismiss our appeal and granted our motion for an expedited hearing. This is good news. We are pleased that the Ninth Circuit will likely make a final decision soon after an August 12th hearing in San Francisco.  Following is the verbatim text from the court order:

    "Filed order (Appellate Commissioner): Appellees’ motion to dismiss this appeal for lack of jurisdiction is denied without prejudice to renewing the arguments in the answering brief. See Nat’l Indus. v. Republic Nat’l Life Ins. Co., 677 F.2d 1258, 1262 (9th Cir. 1982) (stating that merits panel may consider appellate jurisdiction despite earlier denial of motion to dismiss). Appellees’ motion to strike is denied. Appellants’ motion to expedite the briefing and hearing of this appeal is granted. Any request for an extension of time to file a brief is disfavored; any such relief must be requested under Ninth Circuit Rule 31-2.2(b). The opening brief and excerpts of record are due May 15, 2013; the answering brief is due June 12, 2013; and the optional reply brief is due within 14 days after service of the answering brief. The Clerk shall calendar this case during the week of August 12, 2013 in San Francisco, California. (MOATT) [8614801] (KD)"

Bear in mind that in a war the only battle you have to win is the last one.

  *   *   *   *   *

Where we stand today, May 3, 2013

From Honolulu Traffic: The Hawai‘i Supreme Court found unanimously that the State should have made a full Archeological Inventory Survey of the entire route before rail construction began and they ordered work to cease.

In our federal case, et al. versus the City/FTA, Judge Tashima found the City/FTA in violation of the law in three counts.

With two lawsuits pending, it is highly unlikely that the City could restart construction at the end of September this year as HART is projecting.

We have given notice of appeal to the Ninth Circuit Court of Appeals in San Francisco.

Today the Ninth Circuit Court of Appeals denied the City's motion to dismiss our appeal and granted our motion for an expedited hearing.

We expect that after we file the actual Appeal and the City and FTA file their counter to it, the Ninth Circuit will hear it on August 12, 2013 in San Francisco and rule on it shortly thereafter.


Appeals court schedules August hearing on rail injunction

SA: The 9th U.S. Circuit Court of Appeals today granted a request by rail opponents to expedite their appeal seeking to stop the transit project.

The federal case is scheduled to be heard the week of August 12 in San Francisco, according to a message posted on the case docket today.

CB: Honolulu Rail Appeal Gets Expedited Hearing In 9th Circuit

read ... August 11, 2013

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Court Date Approaches in Hawaii Rail Project Fight

by Tim Hull, Courthouse News

(CN) - Opponents of a controversial rail project in Honolulu will get their day in court before construction begins in September, the 9th Circuit ruled.

The federal appeals court in San Francisco granted a motion to expedite on Friday and scheduled a hearing on the High-Capacity Transit Corridor Project for early August., Hawaii's Thousand Friends, the Small Business Hawaii Entrepreneurial Foundation, former Gov. Benjamin Cayetano and others sued the Federal Transit Administration, the U.S. Department of Transportation, the city and county of Honolulu and several officials in 2011.

They claim that the planned 20-mile-long, $5.3 billion elevated mass transit system, which would connect several of the city's historic, tourist and business districts with suburban neighborhoods, will destroy "natural, historic, and cultural resources (including Native Hawaiian burials) and creat[e] a massive new four-story concrete barrier along the way," according to the groups' motion filed late last month.

"If this court does not act, the very integrity of historic Honolulu, its Chinatown, and its waterfront will be forever despoiled," the groups claim. "This case concerns the city and county of Honolulu's efforts to use billions of dollars in federal funds to force an ill-conceived elevated heavy rail line through the heart of downtown Honolulu, despite the fact that other, less-damaging alternatives exist."

The groups say that the city plans to start construction in September.

In a brief order published Friday, the 9th Circuit granted the plaintiffs' motion to speed things along, while denying a motion to dismiss from the defense.

LINK: Text of Court Order


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