Saturday, December 20, 2014

Highway 1 widening continues in court

Highway 1 traffic 2 pm any day.
Oh yeah, but we shouldn't modernize, update,
and fix the 20 year out-of-date issue, duh.
Pacifica Tribune/Jane Northrop, Staff Writer, 12/16/14.  "No decision yet in highway sidening EIR challenge." 

.... The Honorable Marie S. Weiner heard arguments from the parties in her courtroom in late August. She had 90 days to come to a decision, but has instead granted all parties more time to file a supplemental brief before she reaches her decision. 

In a trial order dated Nov. 17, she denied Caltrans, the TA and the City of Pacifica their motion to strike the reply trial brief from PSC. She further ordered the supplemental brief from Caltrans, TA and the City of Pacifica must be a jointly-filed document. PSC filed a reply brief Dec. 8, but the opposing brief has not yet been made part of the official court record as of press time.

....  "That reply contains far more extensive factual discussion of the record than the opening brief -- whereas the reverse should have been true," Judge Weiner wrote. "Respondent (Caltrans) orally asserted that the reply brief has new arguments and new authorities not triggered by matters raised in the 'opposing' briefs by respondent (Caltrans) and real parties in interest (TA and City of Pacifica). This appears to be correct. It is the court's preference to adjudicate the important issues raised herein as to this project on the merits -- to the extent possible -- rather than simply procedural defects or other non-substantive grounds, and avoid potential duplication of litigation in the future.Read more.

Note photograph by John Green from San Mateo Times/Julia Scott, 10/16/11,"Battle brews over proposal to widen Highway 1 in Pacifica."  Also see "Search this Blog" for many Highway 1 widening articles. 

Posted by Kathy Meeh

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