Sacramento — Today the Howard Jarvis Taxpayers Association, one of the defendants in litigation brought by the State to validate the sale of $8.6 billion in bonds for California’s troubled high speed rail project, filed pleadings asking the Court of Appeal to reconsider its ruling, issued July 31, approving the bond sale.
The July 31 ruling held that, even though “[s]ubstantial legal questions loom” regarding whether the project the State seeks to build is the project approved by voters, and whether the project can be funded, since the State’s plans and funds are still in a state of “flux” it would be premature for the Court to resolve those questions against the State by denying approval of the bond sale.
The Jarvis group, in seeking reconsideration of the ruling, argues that the State’s construction plans have sufficiently congealed for the Court to find that the voters’ intent is not being followed. A recent legislative appropriation of bond funds, Jarvis argues, requires the funds to be used only for a hybrid high-and-low-speed system that will not match the speeds or trip times promised to voters.
The Jarvis group also argues that sale of the full $8.6 billion in bonds is unlawful without the federal or private matching funds promised to voters; that the state of “flux” in funding weighs against committing taxpayers to $8.6 billion in new debt.
Jon Coupal, President of the Jarvis organization, explained today’s filing. “I am confident this case will ultimately be decided by the California Supreme Court. But before we seek Supreme Court review, we owe it to the Court of Appeal to give them a chance to correct what we believe is a misjudgment of the law and the facts.”