South Mountain Freeway Update (Phoenix: houses, buying, law school)

[Pink Jazz]

It looks like Judgment Day for the freeway is probably going to be this week assuming the ruling goes as scheduled. I have faith in the judge and God that she makes the proper decision of ruling in ADOT's favor and doesn't play the race card to rule in PARC's/GRIC's favor.

[cjseliga]

Originally Posted by Pink Jazz

It looks like Judgment Day for the freeway is probably going to be this week assuming the ruling goes as scheduled. I have faith in the judge and God that she makes the proper decision of ruling in ADOT's favor and doesn't play the race card to rule in PARC's/GRIC's favor.

Can the losing side appeal and drag it out even longer, or is the Judge's ruling the final say?

[JGMotorsport64]

Originally Posted by cjseliga

Can the losing side appeal and drag it out even longer, or is the Judge's ruling the final say?

They can motion for an appeal and take it to the 9th Circuit if they really wanted to. They've already stated they would publicly. The 9th Circuit would have discretion at that point.

[Dewey59]

Originally Posted by cjseliga

Can the losing side appeal and drag it out even longer, or is the Judge's ruling the final say?

Most likely.... I would think they could take it all the way to the Supreme Court if their pockets are deep enough!

It would probably be easier and cheaper for them though to just protest if they don't get their way!

[JGMotorsport64]

Originally Posted by Dewey59

Most likely.... I would think they could take it all the way to the Supreme Court if their pockets are deep enough!

It would probably be easier and cheaper for them though to just protest if they don't get their way!

The Supreme Court takes only the cases it wants to take, I doubt this would be taken.

The 9th Circuit decision would be final for all practical purposes.

I'd imagine a 9th Circuit battle would be expensive for the claimants, they're represented by a very small firm, and aren't working with large capital. ADOT already has counsel in California in anticipation.

[Pink Jazz]

Originally Posted by JGMotorsport64

The Supreme Court takes only the cases it wants to take, I doubt this would be taken.

The 9th Circuit decision would be final for all practical purposes.

I'd imagine a 9th Circuit battle would be expensive for the claimants, they're represented by a very small firm, and aren't working with large capital. ADOT already has counsel in California in anticipation.

They have already confirmed they plan to take it to the 9th Circuit. Such sore losers. Hopefully if the judge rules in ADOT's favor the 9th Circuit does as well. My concern is that the 9th Circuit is very liberal, and even Doug Ducey has proposed seceding from the 9th Circuit and either joining the neighboring 10th Circuit or creating a new 12th Circuit, the latter potentially taking the other non-coastal 9th Circuit states with it (Idaho, Montana, Nevada). Some proposals for a new 12th Circuit also included Alaska, Oregon, and Washington, leaving the 9th Circuit with only California and Hawaii.

[Hschlick84]

Originally Posted by Pink Jazz

They have already confirmed they plan to take it to the 9th Circuit. Such sore losers. Hopefully if the judge rules in ADOT's favor the 9th Circuit does as well. My concern is that the 9th Circuit is very liberal, and even Doug Ducey has proposed seceding from the 9th Circuit and either joining the neighboring 10th Circuit or creating a new 12th Circuit, the latter potentially taking the other non-coastal 9th Circuit states with it (Idaho, Montana, Nevada). Some proposals for a new 12th Circuit also included Alaska, Oregon, and Washington, leaving the 9th Circuit with only California and Hawaii.

I think AZ would have better representation in the 10th circuit court than creating a new 12th. New Mexico, Colorado and Utah are in the 10th already.

[azriverfan.]

Originally Posted by Pink Jazz

They have already confirmed they plan to take it to the 9th Circuit. Such sore losers. Hopefully if the judge rules in ADOT's favor the 9th Circuit does as well. My concern is that the 9th Circuit is very liberal, and even Doug Ducey has proposed seceding from the 9th Circuit and either joining the neighboring 10th Circuit or creating a new 12th Circuit, the latter potentially taking the other non-coastal 9th Circuit states with it (Idaho, Montana, Nevada). Some proposals for a new 12th Circuit also included Alaska, Oregon, and Washington, leaving the 9th Circuit with only California and Hawaii.

The 9th circuit is liberal on social issues. This doesn't represent that. They would require evidence to overturn such a ruling. And I don't see a lot of evidence to support not building the freeway.

[Pink Jazz]

Hopefully if ADOT wins this lawsuit as well as the appeal, I personally think the state legislature should consider passing a law that to grant ADOT greater immunity from such lawsuits for any future projects (SR 24, SR 30, I-11, and the Pinal North-South Freeway). My idea wouldn't make ADOT completely immune from such lawsuits, but would permit the use of the South Mountain Freeway ruling as a legal rationale to dismiss any lawsuits for any future projects. The state legislature can learn a lot from such a ruling to prevent future projects from being tied up in litigation.

[observer53]

Originally Posted by Pink Jazz

Hopefully if ADOT wins this lawsuit as well as the appeal, I personally think the state legislature should consider passing a law that to grant ADOT greater immunity from such lawsuits for any future projects (SR 24, SR 30, I-11, and the Pinal North-South Freeway). My idea wouldn't make ADOT completely immune from such lawsuits, but would permit the use of the South Mountain Freeway ruling as a legal rationale to dismiss any lawsuits for any future projects. The state legislature can learn a lot from such a ruling to prevent future projects from being tied up in litigation.

That's not going to work. The reasons for challenging a freeway route or construction are not going to always be the same, so a statute to preemptively keep people from challenging any of these matters based on the ruling in the SMF case (assuming it goes as you predict) is not an appropriate solution. The ruling, if favorable to ADOT, would be helpful judicial precedent in the appropriate future case, but should not be a basis for immunity legislation.