Capdiamont\’s Weblog

NA: Appeals court may try city’s train suit
Thursday 8 May 2008, 07:04
Filed under: Marin, NCRA, Novato, Railroad | Tags:

So the State AG filed an appeal on behalf of the CTC for the NCRA. In other words the CTC believes the NCRA is in FULL environmental compliance. Try spinning that one NCJ.

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.


1 Comment

Thank God someone down there has some sense. I hope everything goes well for NCRA in the appeal.

Comment by Joshua Woods

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