It’s On! Neighbors for Smart Rail File Suit Against Expo Construction Authority

As predicted, the Westside Coalition of homeowners and businesses opposed to the construction of Phase II of the Expo Line at-grade through portions of the Westside have filed a petition to have the certification of the FEIR for the project overturned.  You can read the full, twenty-six page, petition exclusively at Streetsblog, here, but the rationale for the challenge can be found on page three of the document:

This petition challenges the Expo Authority’S February 4, 2010 approvals for the Expo Phase 2 project, as well as the Expo Authority and FTA’s omissions in connection therewith. This petition seeks to ensure that the Expo Authority and FTA fully comply with the requirements of CEQA and NEPA prior to initiating construction of the Expo Phase 2 project. NFSR does not oppose the Expo Line per se, but opposes construction of the project without the opportunity for the public, the Expo Authority, and the FTA to have a proper and legally valid environmental study which, inter alia, factually discusses and considers a reasonable range of alternatives as required, including grade separations at key intersections.

Hearing the case will be Judge David Jaffey, who has previously ruled on transparency issues, and more notably ruled against opponents of the Orange Line in 2004.

20 thoughts on It’s On! Neighbors for Smart Rail File Suit Against Expo Construction Authority

  1. The ROW through Cheviot is one which LACMTA purchased from Southern Pacific/Pacific Electric. IF the ROW was never abandoned, how does anyone have the ability to tell LA Metro what it can and can’t do on its property/long-established rail line?

  2. screw the west side, if they don’t want rail, then no rail for them. I will gladly take that rail to be used for the woodland hills to chatsworth extension of the orangeline.

    Please, they should be happy they aren’t just getting a damn overcrowded bus.

  3. I pause to consider what Detroiters would say given the option of at-grade rail. The people of Portland must hate it so much they program a artisans market around theres. Minneapolis put one through the major artery of their downtown. Angelenos are very strange indeed.

  4. From Friends 4 Expo Transit today:

    Neighbors in Cheviot Hills, West of Westwood, Westwood Gardens, and Rancho Park have written an excellent flier to correct misinformation and invite their neighbors to work constructively on fitting Phase 2 of the Expo Line into their neighborhoods.

    You can download their “NEIGHBORS … WORKING WITH NEIGHBORS … FOR THE NEIGHBORHOOD” flier, and read about the opponents’ lawsuit, at http://friends4expo.org/news.htm .

  5. You gotta love the NIMBY’s…it’s probably a bunch of old people complaining that “the trains are too loud.” That also tends to happen when people move into a house that is next to railroad tracks and then complain about trains going by…even though the tracks were there LONG before the houses.

    I think there should be some kind of law passed where if someone buys a house next to existing railroad tracks, they automatically forfeit ALL rights to file any complaints. Period.

  6. @ Chris

    Can I suggest some phrasing for your law?:

    “Any person who purchases or rents a dwelling within x feet of an existing railroad right of way thereby forefiets any future claim to reasonable mitigations which would enhance his/her quality of life. Said persons must suffer in silence no matter how inappropriate the design or what the prospects for mitigating its defects.”

  7. @ Chris:

    It seems this would be very easy to get into law. When I bought my house near Long Beach Airport, I had to sign disclosures that I understood I was near an airport, as well as possibly military ordinance.

    Anyway, this ROW was used for both rail transit and freight. Over half of the section between the 10 and the 405, the ROW is deep in a canyon, where there are no at-grade street crossings and where it is far enough away from most houses that people will barely hear anything.

    The 10 freeway roars past their neighborhood 24-7: it will mask most train noise.

    Anyway, these people live in the middle of America’s second-largest city. They can put up with a little city noise.

  8. I say take the line down Venice into MDR. The West Side could wait another 10 to 30 years when the subway to the sea is built.

  9. @Warren — The whole Westside should not be punished because of a relatively small group of obstructionists. Most people on the Westside want rail transit, and many people need it. When people lump the Westside together into one “rich” mass, it’s not right.

  10. @Simon – I think most people want mass transit on the Westside – just not at-grade where it will gridlock the already overburdened streets. Expo admits that the light rail will not relieve any traffic, EVER! (No traffic relief even at full capacity for the next 25 years So do all you Expo supporters want: Build It Now. Build It Fast! ??? Even if it causes more problems then it solves? Do any of you ever drive anywhere? Also we taxpayers will be paying for these problems for many years to come – Unless we force Expo to do it right the first time they will gladly slap down some tracks and let us Angelenos suffer for the next 25 to 75 years!
    You call THAT “Smarter Rail”??? Lets instead have this line built below grade and be safe and relieve traffic now and for the future!

  11. The rail lines along Exposition Boulevard in west Los Angeles carried freight during daylight hours only, when they were in service. At night, the noisiest activity on those rails was the manual pushing of empty flatcars, and the voices of the men who were pushing the cars was louder than the sound the cars made. Exposition Boulevard in this area is a quiet residential street, not an industrial thoroughfare. The proposed passenger traffic on that right-of-way is scheduled to run 22 hours a day, on average every two-and-a-half minutes, less than fifty feet from the homes in the area. It is altogether untrue that the opposition is to rail, itself. The opposition is to noisy trains, 22 hours a day, loud horns, bells, and rumbling; it is to blockage of all north-south arteries except for the San Diego Freeway every two and a half minutes, and an EIR that was based on the exclusion of important data. On earlier at-grade installations, already 99 persons have been killed by this sort of train. If that isn’t reason enough to call for a review, then there is no sense in making any review whatever of any construction projects that a power-greedy government may choose to impose on the people.

    I’ve lived in this neighborhood for 66 years; I remember the trains that used to run on those tracks. They did not make anything approaching the noise that the proposed project will make, and they did not disrupt traffic most of the day. They ran no more than twice a day, not over five hundred times a day.

  12. @Steve – As any one who has ever taken Brian Taylor’s transportation planning class at UCLA can tell you. Transit never relieves traffic, it just allows more people to move around. Any relief is quickly filled up by new drivers. At-grade, below grade. It really doesn’t matter. Look at New York, they have the best transit in the world and still, and always will have traffic. Its called urbanism, and congestion is the price of connectivity.

  13. EXPO LINE Construction is making me loose sleep and Is causing a problem to the quality of my life!

    its 4:20 AM and every morning I am awakened by loud noise which is impacting my quality of life. The construction is right outside where I live and its causing me not to sleep. the last time I checked humans need sleep in order to function! If you have never sleeped through someone drilling or or loud equipment I would be willing to allow you to spend one night or a few hours in my place to see if your dumb comments about complaints would stay the same… if you live in some remote area far away from any busy streets then you should shut your dumb mouth… many people live in this area in lofts like I do and this construction is causing people not to sleep. Also, I definately plan to move before the train comes so I dont have to hear the f***in bell or horn blow everytime it will pass this street, It does it down the street so Im sure I will hear it when it passes my loft. Im going to contact the city and who ever is responsible for this and ask them to come stay in my place for a night and see if they can sleep… this is abusive and constuction should always be during the day… when the city is alive not at night when silence is golden.

  14. Doing construction work late at night is totally disrespectful of people who live near construction sites. It should only be done under emergency circumstances.

    If you want to really effectively piss people off for life, build something next to their house at 4AM. Metro doesn’t need any more enemies. This kind of stuff should be common sense.

    Do unto others . . .

  15. how long was construction going on for?  months, a whole year?  was it crazy noise 24/7?  thank you for responding. i’m thinking of moving near where construction might happen and i’d love feedback.

  16. anyone live near the new expo rail?  at least where its been completed.  curious if you hear the train all day long.  bells/whistles, etc when it’s nearing a stop.  thx

  17.  This is why you will never win against L.A. County or the County’s interest.

    SBX211 Retro Active
    Immunity given to California judges for openly taking bribes. Judges are
    employees of the state they receive their pay and benefits from the state. The
    Los Angeles Superior court judges are currently receiving an additional
    $57.688,00 from the county of Los Angeles. there is no bigger user of the court
    than L.A. County.(A party to the case and has a financial interest in most
    cases in the courts) Those payments were found to be unconstitutional / illegal
    in Sturgeon vs L.A. County. after that decision the judges paid a lobbyist to
    pass SBX211 ( RETRO ACTIVE IMMUNITY )

     

    SBX211 does not restore
    due process

    SBX211 violates Article 1
    section 9

    SBX211 violates the 14th
    amendment (no equal protections)

    SBX211 violate checks and
    balances between legislative and Judicial powers

    Judges do not disclose the
    county payments at the onset of any trial where the county is either a party to
    the case or has a financial interest. (Judges violate Judicial codes of ethics)

    Judges refuse to recuse
    themselves when requested under CCP170

    Judges find themselves
    unbiased and then file an order striking statement.

     

    In the year of 2010 alone
    $57,688.00 per year per judge X 460 judges = $26,709.544.00 paid to judges from
    L.A. County from tax payer money to only have the judges rule against the tax
    payer in favor of L.A. County or the County’s interest. THE BRIBES WORK.

     HISTORY OF RETRO ACTIVE IMMUNITY IN THE UNITED STATES

    1. given for
    unconstitutional use of torture

    2. given for illegal
    merger of banks (we can see the effects of that now)

    3. given to telecom
    company for illegal wire taps. (Fisa bill that led to the patriot act)

    4. SBX211 given to Judges
    for taking bribes.

     

    SBX211 is evidence of
    conspiracy of the California legislative branch of government to cover up the
    multiple felony’s committed by the Judicial branch of government. By an act of
    Legislation, California’s judicial branch has admitted to be corrupt.

     

    SECTION FROM SBX211

    This bill would provide
    that no governmental entity, or officer or employee of a governmental entity,
    shall incur any liability or be subject to prosecution or disciplinary action
    because of benefits provided to a judge under the official action of a
    governmental entity prior to the effective date of this bill on the ground that
    those benefits were not authorized under law.

    “FRAUD ON THE COURT”

Leave a Reply

Your email address will not be published. Required fields are marked *

ALSO ON STREETSBLOG

Government as Advocates: Expo Construction Authority Wants Your Comments to CPUC

|
The Expo Construction Authority is anxious to stop history from repeating itself. When clearances for the first phase of the Expo Line appeared all but certain, the California Public Utilities Commission (CPUC), a regulatory agency which regulates privately owned public utilities in the state of California, including electric power, telecommunications, natural gas and water companies, […]

It’s Official: Expo Construction Contract, Aerial Station, and No Westwood Parking Approved by Expo Board

|
Earlier this afternoon, the Expo Construction Authority Board of Directors approved a $541.7 million design-build contract to the Skanska/Rados team, a no-commuter parking option for the Westwood Station and an aerial station for the Sepulveda Boulevard Station.  Earlier in the day, the Los Angeles City Council had unanimously backed the Rosendahl/Koretz motion funding the Sepulveda […]

Good News for Bikes in Expo Phase II

|
LADOT Environmental Documents for Expo Phase II Bikeway What a difference a few weeks make. Before the Thanksgiving break, Streetsblog reported on how many Westside bicyclists were concerned about bike planning for Phase II of the Expo Line.  While planning for the second phase of the light rail portion of the Expo Light Rail project […]