It’s Official: Back to Court for Expo Phase II and NFSR
As promised, Neighbors for Smart Rail (NFSR) is appealing the decision of Los Angeles Superior Court Judge Thomas McKnew to dismiss their lawsuit alleging that the Expo Construction Authority violated state environmental law when doing their studies of the future light rail lines route. The appeal was filed nearly two weeks ago, on September 15, to the California Court of Appeals
“NFSR is looking to prevent West L.A. gridlock by protecting access to the 10 freeway through West L.A.,” writes president Terri Tippett in a press statement. ”Trains blocking Overland and Westwood 24 times per hour will have a devastating impact on the existing area traffic, and all evidence shows that Expo didn’t properly study it.”
At first glance, their legal filings don’t appear to be much different in substance than the arguments McKnew rejected earlier this year so NFSR isn’t arguing anything new, just that McKnew erred in ordering the case dismissed last year. Their main point is that the recently decided Sunnyvale West Neighborhood Association v. City of Sunnyvale City Council shows that traffic studies should examine the impact a new project will have on current conditions, not on conditions at the end of the “life of the project.” In Sunnyvale, a state superior court ruled that the city’s environmental review of a road extension violated state law because it based it’s review on traffic projections for 2020 instead of current conditions. Read more…













