Update on BART-Millbrae lawsuit

Article published in May 1997

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A court date of June 27 has been set in PR2000's lawsuit against BART and SamTrans. Plaintiffs Peninsula Rail 2000, the Coalition for a One-Stop Terminal (COST), and Train Riders Association of California charge that BART and SamTrans violate the California Environmental Quality Act by selecting the most expensive alternative routing for the Colma to SFO extension (one including two extra miles and an extra station in Millbrae), despite numerous objections from other officials, agencies, and the public.

In an unprecedented legal maneuver BART delayed the court date for several months by holding up preparation of court documents. Ordinarily, a defendant pushes for a quick resolution and the plaintiff drags its feet. The roles this time were reversed. BART's strategy was to delay the case until after they received a full funding grant agreement for the project which would enable them to begin construction. This appears unlikely to occur in the foreseeable future. Even if it did occur, the plaintiffs could file an injunction forcing them to halt construction, according to COST executive director Bruce Balshone.

On April 1, our attorney Bill Yeates filed an opening brief in San Francisco Superior Court. The judge, after listening to arguments in June, will have 90 days to render a decision.

Our warmest thanks to those who have sent in checks recently. If you would like to help us with litigation costs, send your contribution to:

Peninsula Rail 2000
3921 East Bayshore Road
Palo Alto, CA 94303.
Make checks out to Peninsula Rail 2000 with the notation: "Legal fund."

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Last updated: May 11, 1997

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