BONDS - CALIFORNIA

California High-Speed Rail Authority v. Superior Court

Court of Appeal, Third District, California - July 31, 2014 - Cal.Rptr.3d - 14 Cal. Daily Op. Serv. 8733

On March 19, 2013, High-Speed Rail Authority and its Finance Committee filed a validation action to obtain a judgment validating more than $8 billion in bonds authorized under Proposition 1A – the Bond Act.

The trial court denied the validation, holding that the Finance Committee’s determination that issuance of the bonds was “necessary or desirable” was a quasi-legislative act that must be supported by evidence in the record. The trial court also issued a peremptory writ of mandate commanding the Authority to rescind its preliminary funding plan (2704.08(c)) and to redo that plan.

Everyone under the sun appealed.

The Court of Appeal held that:

The Court of Appeal issued a peremptory writ of mandate directing the trial court to enter judgment validating the authorization of the bond issuance for purposes of the Bond Act. The writ also compelled the trial court to vacate its rulings requiring the Authority to perform the idle act of redoing the preliminary section 2704.08, subdivision (c) funding plan after the Legislature appropriated the bond funds.



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