Quote:
Originally Posted by LAofAnaheim
I'd rather see a lawsuit. Beverly Hills has 1) no merit b/c subway tunnels are under exisiting schools 2) all studies indicate Constellation is safer than SM blvd and 3) BH would try to change a precedent that could devastate BART, NYMTA, CTA, MBTA, etc.. any transit agency in North America. Lawsuit will be over in 3 years anyways (full lower court, appelate, and state supreme court). We won't even have the funds to build to Century City until 2020 anyways. BH will have to repay Metro for legal costs anyways; just like NSFR has now been ordered to by the lower courts and appelate court.
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Most importantly, the courts don't have the power to order Metro to build anything. The court's only power in this case would be to find that the EIR was incomplete and order that the EIR be reopened and completed properly (assuming the court finds that it was done improperly the first time). That's not going to happen.
BH doesn't get a second bite at the apple. They don't get to try and convince a court that the Constellation station is in the wrong place, that tunneling under the school is unsafe, or where they think the station should be built and how. Where to build a station is a purely executive function. If they can prove every one of their claims in court about how unsafe the subway is, they still don't win their suit unless they can also prove that Metro is unaware of those claims and has not thoroughly studied them. Their only chance is to convince a court that the EIR needs to be reopened, and then to convince Metro (not the court) that the station should be moved.
Given the extreme length of time and rigor with which this has been studied, I just don't see that happening. The most they can hope for is a delay. With a project of this size, it's better to build it right even if it takes a bit longer, than to waste money building something that we're going to regret. Better to take a bit longer getting the right line built for the needs of the 99% than to cave to the vocal 1% just because they can find a lawyer (assuming they've actually found one and aren't just blowing hot air).