Tos, et al. v. California
Annotate this CaseAppellants John Tos et al. (Tos parties) appealed a trial court's a judgment that section 2704.78 of the Safe, Reliable High-Speed Train Bond Act for the 21st Century (Bond Act) (Sts. & Hy. Code, section 2704 et seq.) did not violate the state debt provision of the California Constitution set forth in article XVI, section 1. Subdivision (d) of section 2704.08 of the Bond Act, approved by the voters in 2008 as Proposition 1A, required an independent financial report indicating, among other things, that each corridor or segment of a corridor of the high-speed train system, if completed according to a “detailed funding plan,” would be “suitable and ready for high-speed train operation.” The Tos parties contended the meaning of “suitable and ready for high-speed train operation” set forth in section 2704.78 (a), constituted an implied partial repeal of the Bond Act in violation of section 1 of article XVI of the California Constitution. To this, the Court of Appeal disagreed: "The 'single object or work' of the Bond Act was (1) the initial planning and construction of a high-speed train system under (2) a 'mandatory multistep process to ensure the financial viability of the project,' which we described in California High- Speed Rail Authority v. Superior Court (2014) 228 Cal.App.4th 676 (Rail Authority). ... The multistep planning and review process in section 2704.08, subdivision (d), remained intact." The judgment was thus, affirmed.
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