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Old 11-22-2016, 11:59 AM
 
Location: Queen Creek, AZ
7,333 posts, read 12,418,669 times
Reputation: 4821

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Another strike against PARC and GRIC:
Court panel refuses to halt South Mountain Freeway work during appeal - Ahwatukee Foothills News: Safe Driving

The 9th Circuit has refused to halt construction on the South Mountain Freeway while a ruling is made on the appeal. PARC and GRIC should just give up on this fight. This freeway is needed for our future transportation needs.
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Old 11-22-2016, 12:23 PM
 
Location: Prescott Valley, AZ
3,411 posts, read 4,673,334 times
Reputation: 3943
Arizona needs to get out of the 9th district court and get into the 10th district court. Nothing but fighting and conflicts of interest between the state and the far left politicians. The freeway needs to be built so these a-holes can shut up.
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Old 11-22-2016, 12:36 PM
 
Location: Queen Creek, AZ
7,333 posts, read 12,418,669 times
Reputation: 4821
Quote:
Originally Posted by Hschlick84 View Post
Arizona needs to get out of the 9th district court and get into the 10th district court. Nothing but fighting and conflicts of interest between the state and the far left politicians. The freeway needs to be built so these a-holes can shut up.
Well, this initial ruling is a positive sign and pretty atypical for the 9th Circuit; I did expect there was indeed a possibility that they would have granted PARC/GRIC the injunction to halt construction. Hopefully they side with ADOT on the final ruling.

I wonder though if PARC/GRIC plan to take it to the Supreme Court if they lose. With a Trump presidency and his new appointee, they practically have no chance of winning in the Supreme Court.
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Old 11-22-2016, 01:22 PM
 
10,719 posts, read 20,352,481 times
Reputation: 10021
Remember the 9th court already denied them an earlier injunction

South Mountain Freeway remains on track with latest court ruling

What are the plaintiffs realistically going to do? They are going to build this freeway before the courts could possibly rule in their favor. The freeway is scheduled to completed in 3 years. These cases can take years. It's not a realistic proposition by the plaintiffs since they can't halt construction,
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Old 11-22-2016, 01:38 PM
 
Location: Queen Creek, AZ
7,333 posts, read 12,418,669 times
Reputation: 4821
Quote:
Originally Posted by azriverfan. View Post
Remember the 9th court already denied them an earlier injunction

South Mountain Freeway remains on track with latest court ruling

What are the plaintiffs realistically going to do? They are going to build this freeway before the courts could possibly rule in their favor. The freeway is scheduled to completed in 3 years. These cases can take years. It's not a realistic proposition by the plaintiffs since they can't halt construction,
That was actually federal Judge Diane Humetewa who denied that injunction prior to sending it to the 9th Circuit, who previously ruled in favor of ADOT last August. This time it is the 9th Circuit itself refusing to stop the construction.
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Old 11-22-2016, 01:41 PM
 
Location: Chandler, AZ
4,073 posts, read 5,192,927 times
Reputation: 6170
Quote:
Originally Posted by Pink Jazz View Post
Well, this initial ruling is a positive sign and pretty atypical for the 9th Circuit; I did expect there was indeed a possibility that they would have granted PARC/GRIC the injunction to halt construction. Hopefully they side with ADOT on the final ruling.

I wonder though if PARC/GRIC plan to take it to the Supreme Court if they lose. With a Trump presidency and his new appointee, they practically have no chance of winning in the Supreme Court.
Sounds like a lot of crying NIMBYs to me. Their main complaint is increased pollution and noise in Ahwautukee...I don't think this is a Constitutional issue and SCOTUS would probably reject hearing it. I doubt anyone is going to stop this freeway with all the time and money already spent.
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Old 11-22-2016, 02:53 PM
 
8,081 posts, read 6,998,824 times
Reputation: 7983
Quote:
Originally Posted by Hschlick84 View Post
Arizona needs to get out of the 9th district court and get into the 10th district court. Nothing but fighting and conflicts of interest between the state and the far left politicians. The freeway needs to be built so these a-holes can shut up.
Judges aren't politicians and this worked in our favor. I'm a bit lost at why we need to move to the 10th after reading the court finding in our favor?

Quote:
Originally Posted by KurtAZ View Post
Sounds like a lot of crying NIMBYs to me. Their main complaint is increased pollution and noise in Ahwautukee...I don't think this is a Constitutional issue and SCOTUS would probably reject hearing it. I doubt anyone is going to stop this freeway with all the time and money already spent.
The complaint is that ADOT didn't adequately investigate or study the area where the freeway is being built, instead of following procedures they picked a place then made everything else work in their favor.

Whether that's true or not, ADOT knows. If they lose the appeal (which they won't) then you should be mad at ADOT for fumbling their own plans.

But the standard for an appeal is for abuse of discretion, I don't see any way PARC wins this. GRIC has valid concerns that can be handled through settlements.

Quote:
Originally Posted by Pink Jazz View Post
Well, this initial ruling is a positive sign and pretty atypical for the 9th Circuit; I did expect there was indeed a possibility that they would have granted PARC/GRIC the injunction to halt construction. Hopefully they side with ADOT on the final ruling.

I wonder though if PARC/GRIC plan to take it to the Supreme Court if they lose. With a Trump presidency and his new appointee, they practically have no chance of winning in the Supreme Court.
This has no shot of being taken by SCOTUS, they look at Circuit splits and make uniform law where splits exist. This is a local issue. You keep and keep and keep on insinuating that partisan politics are at play here. And if they were your position is wrong. Republican Councilman Diccicio is opposed to the plan?
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Old 11-22-2016, 03:01 PM
 
Location: PHX -> ATL
6,316 posts, read 6,867,840 times
Reputation: 7189
As someone who lives in Tucson and travels back to West Valley regularly.... this freeway needs to happen. The I-10 is hell and so is the lower parts of the Spine (south of downtown and up until Peoria avenue). I normally would be against more freeway construction but this is something I know Phoenix metro needs. Hopefully Phoenix after this freeway will look for more sustainable ways of transportation methods across the valley.
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Old 11-22-2016, 03:34 PM
 
10,719 posts, read 20,352,481 times
Reputation: 10021
Quote:
Originally Posted by Prickly Pear View Post
As someone who lives in Tucson and travels back to West Valley regularly.... this freeway needs to happen. The I-10 is hell and so is the lower parts of the Spine (south of downtown and up until Peoria avenue). I normally would be against more freeway construction but this is something I know Phoenix metro needs. Hopefully Phoenix after this freeway will look for more sustainable ways of transportation methods across the valley.
This freeway is on par with the amusement park that never gets built here. This freeway has been in discuss for decades. No one thought it would be built due to politics. I genuinely did not think this free would be built in the next 20 years. The idea of the South Mountain freeway being built in 3 years is mind boggling. This will be an enormous traffic reliever.
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Old 11-30-2016, 01:30 PM
 
Location: The Circle City. Sometimes NE of Bagdad.
24,585 posts, read 26,149,284 times
Reputation: 60062
ADOT Plans Frank Lloyd Wright Influences on South Mountain Freeway

https://www.arizonahighways.com/blog...untain-freeway
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