|
Post by Gokhan on Dec 24, 2010 9:04:49 GMT -8
Gorgeous picture, Gokhan. ...Biblically, the rainbow signifies an "everlasting covenant" or promise and I can't help but link it with the recent (nearly final ...except for appeal) court defeat. I am imagining a notion of your rainbow as a sign of really good days to come as the rail pushes forward into Santa Monica! Thanks rajacobs and others!
|
|
|
Post by Gokhan on Dec 24, 2010 9:21:40 GMT -8
Mrs. Collen Mason Heller of Cheviot Hills Homeowners' Association and Neighbors for Smart Rail concedes the trial and vows to appeal. Note what I highlighted in red. The NFSR attorney is certainly happy to be compensated for his service as long as possible:CHHA - Superior Court Judge Takes NFSR v. Expo Under SubmissionDear Friends and Neighbors, On Tuesday December 21st, there was California Environmental Quality Act ("CEQA") hearing on the Neighbors for Smart Rail ("NFSR") lawsuit against the Expo Authority . The Judge, Thomas I. McKnew, issued a tentative ruling that sided with the Expo Authority on all issues; however, the Judge said that given the importance of this proceeding and a recent decision by the California Appellate Court (Sunnyvale West Neighborhood Association v. City of Sunnyvale City Council; see: link) the case required further analysis. The NFSR attorney believes that the Sunnyvale decision supports one of NFSR's main objections to the EIR – that estimates of environmental impacts should be measured against current conditions, not projected future conditions (the Expo Phase 2 Environmental Impact Report used expected conditions in 2030 as its baseline). According to the Sunnyvale decision, using future conditions "had the effect of minimizing potential project impacts on traffic, noise, and air quality and tainted the comparison of the proposed project with project alternatives". When the Judge releases his final ruling (within the next 90 days), we expect the losing side to appeal. The NFSR attorney believes our case will best be heard in the appellate court. NFSR and the Cheviot Hills Home Owners' Association are committed to see this case through the appeal process and will continue to fight for a CEQA compliant Environmental Impact Report. The hard work and involvement of our community is making a difference! We have collected more than 2,500 petition signatures asking for grade separation, reviewed hundreds of comments submitted to local authorities in favor of our cause, and benefited from the countless volunteer hours and your contributions (both large and small). Thank you for your continued interest and important support of the Cheviot Hills Home Owners' Association and NFSR in our shared commitment to safety and neighborhood quality of life. Best regards, Colleen Mason Heller CHHA Light Rail Chair NFSR Vice President
|
|
|
Post by bzcat on Dec 24, 2010 23:52:53 GMT -8
I would be hella pissed if I live in Cheviot Hills and my HOA dues are being wasted on this pointless lawsuit.
|
|
|
Post by Gokhan on Dec 25, 2010 9:08:40 GMT -8
I would be hella pissed if I live in Cheviot Hills and my HOA dues are being wasted on this pointless lawsuit. In fact many were and terminated their membership.
|
|
|
Post by rajacobs on Dec 25, 2010 10:14:35 GMT -8
I would be hella pissed if I live in Cheviot Hills and my HOA dues are being wasted on this pointless lawsuit. Actually, I've wondered the same thing and it isn't only the pointless lawsuit that has led to largely unpopular results. ...There's also the much vaunted "traffic-calming." Sure, folks can back out of their driveways into Motor, but the time required to enter and exit Cheviot during rush hour can be terrible. The community got hit hard by the increases in traffic that resulted from expansions in Century City while the city maintained a "Katy-bar-the-door" attitude toward new thinking to increase access. A link into Century city was needed long ago. Heck, a subway spur from the Venice-Robertson station, where there will be parking, to Constellation and Avenue of the Stars (and the Purple Line) would work miracles. It's always appeared to me that Beverwil was designed for a trolley --from Bevery Hills down to the Air Line. If so, it was never built. With Century City sandwiched between 2 country clubs, burrowing underground to join Century City with a transit corridor is a natural. So by simply going underneath the southern club and then following Beverwill, which becomes Castle Heights, there's near natural transit access to Century City ...or taking the entire route underground to the Venice-Robertson station. The beauty of such an approach is that no deep ground burrowing is required. The line would run beneath Avenue of the Stars, the southern country club, then down Beverwil and possibly Castle Heights to the Expo ROW, with 2 stations -- at Pico and Constellation. The Purple Line requires burrowing under multi-million dollar homes. All this could be avoided by extending the spur under LA Country Club to Wilshire Bl. and allow the Purple Line to stay on Wilshire rather than shifting south to CC to his Constellation and Ave. of the Stars. Perhaps the extra $s CA is receiving from Ohio and Wisconsin could be used for a real solution to CC traffic jams and Cheviot Hills NIMBYs. ...OK, a stocking-stuffer pipe dream I suppose, and totally off this topic...
|
|
|
Post by bzcat on Dec 27, 2010 10:38:40 GMT -8
I would be hella pissed if I live in Cheviot Hills and my HOA dues are being wasted on this pointless lawsuit. In fact many were and terminated their membership. How did they terminate their membership? They can't move their house... It's kind of hilarious to think that these people live on a street call "Motor" and they whine about traffic and what not... The reason this street exists is explicitly to allow vehicles and people to move quickly between Fox and Sony (MGM back in the day) lots.
|
|
|
Post by Gokhan on Dec 27, 2010 21:08:03 GMT -8
In fact many were and terminated their membership. How did they terminate their membership? They can't move their house... It's kind of hilarious to think that these people live on a street call "Motor" and they whine about traffic and what not... The reason this street exists is explicitly to allow vehicles and people to move quickly between Fox and Sony (MGM back in the day) lots. Membership in CHHOA is voluntary. Well, we will always have NIMBYs. Some of them are worse than others. But it's pretty ridiculous for people to complain about Expo when they are living a mile from it. What these people really need to understand is that Expo is an improvement on the local community, not something that will only benefit the commuters in expense of the local community. That's what these opposition people are failing to see.
|
|
|
Post by metrocenter on Jan 27, 2011 9:59:24 GMT -8
The final decision of the judge is now expected in about a month or less. It's been a bit over a month since the trial - any news on a final decision?
|
|
|
Post by darrell on Jan 27, 2011 11:20:31 GMT -8
The final decision of the judge is now expected in about a month or less. It's been a bit over a month since the trial - any news on a final decision? Not that I've heard. I've also been checking the Superior Court's website for new documents filed for case BS125233 . Nothing since 12/22/10 as of this morning.
|
|
|
Post by Gokhan on Feb 22, 2011 22:47:53 GMT -8
BREAKING NEWS -- Neighbors for Smart Rail (NFSR) petition to stop the Expo Line is deniedThe judge denied NFSR's petition to stop the Expo Line in his final decision this evening. This was the only major remaining legal hurdle facing the Expo Line. LA County Superior Court Web site(Type in case no. BS125233) NFSR vows to appeal but such an appeal process is unlikely to affect the Expo Line, which will start construction of its second segment to Santa Monica on or shortly after March 18, 2011.
|
|
|
Post by LAofAnaheim on Feb 23, 2011 0:37:36 GMT -8
Fantastic news! Can we see a write-up on how the Sunnyvale case affected (or did not affect) the Expo Line?
|
|
|
Post by John Ryan on Feb 23, 2011 1:04:52 GMT -8
Who else wants to attend the next CHHA and NSFR meetings, just for the comedy value?
|
|
|
Post by metrocenter on Feb 23, 2011 8:53:44 GMT -8
As one NIMBY lawsuit ends, another begins. Now the Foothill Gold Line is being sued. Discussion of that lawsuit is on the Foothill thread. I bring it up here just to say, lawsuits are going to happen, someone is always disgruntled about something. But in the end, they aren't going to succeed in stopping progress on what is becoming a really great rail system. The fight goes on...
|
|
|
Post by metrocenter on Feb 23, 2011 12:59:01 GMT -8
The Metro Board is set to approve the Master Cooperative Agreement with the Expo Authority. This is on the agenda for tomorrow's meeting of the Board. This document provides the rules under which Metro and Expo will cooperate on the project. This includes the details and timeline for Metro dispensing construction funding to Expo. It also details Expo's responsibilities to keep Metro up-to-date on the project's status. Current life-of-project budget is $1.511 billion: this includes construction of Expo Phase 2, and LRT procurement. The bikeway budget (an additional $14.6 million) is also described in the document. Most of the money (97%) will be disbursed between 2011 and 2015.
|
|
|
Post by bzcat on Feb 23, 2011 14:36:21 GMT -8
$1.5 billion for 15 miles of modern light rail is serious not very expensive at all. Granted most of the line is surface running and some intersections probably should be grade separated. Overall, even if you include NIMBY lawsuits and added costs to appease said NIMBYs, I think this is still one very high "bang-for-the-buck" urban rail line.
|
|
|
Post by carter on Feb 23, 2011 14:52:13 GMT -8
$1.5 billion for 15 miles of modern light rail is serious not very expensive at all. Granted most of the line is surface running and some intersections probably should be grade separated. Overall, even if you include NIMBY lawsuits and added costs to appease said NIMBYs, I think this is still one very high "bang-for-the-buck" urban rail line. My impression is that the $1.5 billion is only for Phase II. Someone correct me if I'm wrong on this. The total from DLTA to Santa Monica would come to about $2.3 billion. Still, not bad for a 15 mile rail line through the heart of a built out city that will carry 60,000+ passengers in a few decades.
|
|
|
Post by masonite on Feb 23, 2011 15:08:15 GMT -8
$1.5 billion for 15 miles of modern light rail is serious not very expensive at all. Granted most of the line is surface running and some intersections probably should be grade separated. Overall, even if you include NIMBY lawsuits and added costs to appease said NIMBYs, I think this is still one very high "bang-for-the-buck" urban rail line. My impression is that the $1.5 billion is only for Phase II. Someone correct me if I'm wrong on this. The total from DLTA to Santa Monica would come to about $2.3 billion. Still, not bad for a 15 mile rail line through the heart of a built out city that will carry 60,000+ passengers in a few decades. $1.5B is just for Phase II. However, I don't think it is clear what the ultimate cost will be, because construction costs have come down a bit since the budget was made. I am guessing we'll see a number below that. We should have a better idea when the contract is officially awarded on March 18. I think with the Crenshaw Line, this could be an 80k line, but that might really stress capacity in some spots. The Blue Line is 80k over 22 miles.
|
|
|
Post by Gokhan on Feb 23, 2011 15:10:01 GMT -8
Here is the PDF file for the final ruling denying the NFSR petition to stop the Expo Line. The judge stated that Expo did study the current conditions as well and the future baseline makes more sense in this case, and the Sunnyvale case vs. Expo is like apple's vs. oranges.
|
|
|
Post by Gokhan on Feb 24, 2011 11:33:53 GMT -8
Here is the PDF file for the final ruling denying the NFSR petition to stop the Expo Line. The judge stated that Expo did study the current conditions as well and the future baseline makes more sense in this case, and the Sunnyvale case vs. Expo is like apple's vs. oranges. From the final ruling: By analyzing delay as a result of the project at a higher number of congested intersections in year 2030, the FEIR adopted a more rigorous test for identifying significant traffic impacts. AR 17,218-34, 350. To analyze the project's effects on transportation assuming that the project's operation is the only change that will occur, is absurd. The very reason for the project is to address long term transportation concerns. Substantial evidence supports the use of this baseline.
|
|
|
Post by Gokhan on Apr 6, 2011 12:26:55 GMT -8
Posted recently at the court Web site: 04/04/2011 Memorandum of Costs (MEMORANDUM OF COSTS IN THE AMOUNT OF $48,162.03 FOR THE RESPONDENTS ) Filed by Attorney for Respondent (Expo attorney)LA County Superior Court Web site(Type in case no. BS125233) I can hear the collection agents knocking on NFSR leaders' doors. They won't even have the money to pay for this, let alone file an appeal. LOL
|
|
|
Post by metrocenter on Apr 6, 2011 13:18:20 GMT -8
Posted recently at the court Web site: 04/04/2011 Memorandum of Costs (MEMORANDUM OF COSTS IN THE AMOUNT OF $48,162.03 FOR THE RESPONDENTS ) Filed by Attorney for Respondent (Expo attorney)LA County Superior Court Web site(Type in case no. BS125233) I can hear the collection agents knocking on NFSR leaders' doors. They won't even have the money to pay for this, let alone file an appeal. LOL That's awesome. Time to pass the hat again, NFSR! Although I think this time around, the residents of Rancho Park and Cheviot Hills are going to be a lot less receptive to your request for $$$.
|
|
|
Post by Alexis Kasperavičius on Apr 6, 2011 15:18:58 GMT -8
Yes, that's right! California law allows the winning party to collect all costs associated with the lawsuit. So that means that in addition to paying their own legal costs, the Cheviot Hills NFSR NIMBYs get to pay all of Expo/Metro's costs for this suit as well. Attorney fees, deposition costs, et cetera - almost Fifty Thousand Dollars added to their bill!!
The taxpayers and Metro incur nothing for this exercise and get the benefit of settled case law in their favor. Any future NIMBY groups will think long and hard before using any of these arguments again.
Everyone wins except the NIMBYs!
This is the kind of news I like!
I think I see a recall election in Cheviot Hill's future.
|
|
|
Post by tobias087 on Apr 6, 2011 21:15:52 GMT -8
Can somebody please tell Beverly Hills about this?
|
|
|
Post by rajacobs on Apr 6, 2011 23:49:53 GMT -8
Just for the record, the vast majority of Cheviot Hills residents are not and have never been opposed to the Expo Line. As oftentimes happens, some terribly vocal, out-of-control rabble-rousers (familiar with community-organizing techniques) preyed on the fears of older adults and parents of younger children (adults who had no previous experience with light rail trains). I remember having to wait for one Colleen Heller complete a nervous angry presentation at the Vista del Mar gymnasium, going over her allotted time before I was allowed to speak in support of the ROW selection rather putting the line down Venice. These are people in need of a soapbox on which to vent and the "Expo upheaval" in their lives was ready-made as a stage on which to act out their insanities.
In my eyes, Cheviot Hills stands guilty for sitting by placidly while such folks dominate the CH Homeowners Assoc and act out their fear-based and reactionary agendas. The failure of the "much-needed" <sic> traffic-calming devices along Motor and throughout the neighborhood is one example of an earlier misguided attempt to "safe-guard" the status quo.
Many, many others in the community and surrounding streets have been rooting for and working for light rail throughout the Westside. ...Can't wait to ditch the car, walk to the station and start using Expo as my primary means for commuting! Go Expo! ...And light rail to Century City and beyond!
|
|
|
Post by roadtrainer on Apr 7, 2011 8:27:14 GMT -8
Yes, that's right! California law allows the winning party to collect all costs associated with the lawsuit. So that means that in addition to paying their own legal costs, the Cheviot Hills NFSR NIMBYs get to pay all of Expo/Metro's costs for this suit as well. Attorney fees, deposition costs, et cetera - almost Fifty Thousand Dollars added to their bill!! The taxpayers and Metro incur nothing for this exercise and get the benefit of settled case law in their favor. Any future NIMBY groups will think long and hard before using any of these arguments again. Everyone wins except the NIMBYs! This is the kind of news I like! I think I see a recall election in Cheviot Hill's future. ;D :DThis is worth all the anguish we went through, discussing and cussing the Nimby's and then finding out that We win ! And they of course they Lose! I agree with the statement "Hey Nimby, if you lose you'll have to pay the Opposing party's court fees! That'll teach them!" Sincerely The Roadtrainer!
|
|
|
Post by bzcat on Apr 7, 2011 13:53:27 GMT -8
Correct me if I'm wrong but at this point, the legal cost is not yet collectible against NFSR because the judge has to approve it. And once that happens, NFSR will probably disband. Can't collect against an entity that no longer exists.
These people were irrational (to put it kindly) but they were smart enough to file the lawsuit using an astroturf group (NFSR) instead of the HOA, which I'm sure will continue to exist.
|
|
|
Post by rubbertoe on Apr 7, 2011 17:46:11 GMT -8
Correct me if I'm wrong but at this point, the legal cost is not yet collectible against NFSR because the judge has to approve it. And once that happens, NFSR will probably disband. Can't collect against an entity that no longer exists. These people were irrational (to put it kindly) but they were smart enough to file the lawsuit using an astroturf group (NFSR) instead of the HOA, which I'm sure will continue to exist. Could someone who is following this case please let us know if Expo ever actually receives this money or if they avoid it by having NFSR disband. RT
|
|
|
Post by wad on Apr 8, 2011 4:30:36 GMT -8
Correct me if I'm wrong but at this point, the legal cost is not yet collectible against NFSR because the judge has to approve it. And once that happens, NFSR will probably disband. Can't collect against an entity that no longer exists. That all depends. NFSR can disband on account of the legal bill wiping out the organization, but I don't know if a pre-emptive liquidation makes its obligation disappear.
|
|
|
Post by Gokhan on Apr 27, 2011 17:03:49 GMT -8
Neighbors for Smart Rail (NFSR) filed appeal on April 25, 2011: 04/25/2011 Notice of Appeal (CK#56425-$655.00 ) Filed by Attorney for Petitioner LA County Superior Court Web site(Type in case no. BS125233)
|
|
|
Post by metrocenter on Apr 27, 2011 17:20:45 GMT -8
Neighbors for Smart Rail (NFSR) filed appeal on April 25, 2011: 04/25/2011 Notice of Appeal (CK#56425-$655.00 ) Filed by Attorney for Petitioner LA County Superior Court Web site(Type in case no. BS125233) Every time I see that case number (appropriately starting with "BS") I chuckle to myself.
|
|