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Thursday, December 27, 2012
Full Text: HART Wins Favorable Rail Ruling
By Selected News Articles @ 9:37 PM :: 7565 Views :: Honolulu County, Environment, Rail

Full Text: HART Wins Favorable Rail Ruling

1:11-cv-00307-AWT et al v. Federal Transit Administration et al

filed 05/12/11 closed 12/27/12

Judge Tashima handed down a partial injunction in Rail lawsuit HonoluluTraffic v FTA today.  His ruling is very favorable to HART.  From his order:

… this matter is remanded to the Federal Transit Administration, but without vacatur of the Record of Decision, to comply with the court’s Summary Judgment Order.

(HART is) enjoined from conducting any construction activities and real estate acquisition activities in Phase 4 of the Honolulu High-Capacity Transit Corridor Project (the “Rail Project”). This injunction on Phase 4 construction activities shall terminate 30 days after Defendant Federal Transit Administration files with the court notice of Defendants’ compliance with the Summary Judgment Order and evidence of such compliance, unless Plaintiffs file an objection within said 30-day period specifying how the Federal Transit Administration has failed to comply with the Summary Judgment Order. If such objection is timely filed, this injunction shall remain in effect pending the court’s resolution of Plaintiffs’ objection(s).

This injunction shall not prohibit, and Defendants may prepare, Phase 4 engineering and design plans, conduct geotechnical training, and conduct other pre-construction activities, including any activities that are appropriate to complete the additional analysis required by the Summary Judgment Order. This injunction shall not apply to Phases 1 through 3 of the Rail Project.

Within 150-180 days of the issuance of this Judgment, and every 90 days thereafter, Defendants shall file a status report setting forth the status of Defendants’ compliance efforts with the terms of the Summary Judgment Order. Either by stipulation of all parties or upon noticed motion, Defendants may apply to except any activity otherwise prohibited by this injunction from its terms.

read … Full Text of Court Injunction 

HR: Federal Ruling in Lawsuit to Stop Rail a 'Mixed Bag'

KITV: City, HART applauds ruling for rail project

PBN: Federal judge gives Honolulu green light to proceed with rail mass-transit project


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