The Upper South East Communities Coalition has retained the legal firm of Shute, Mihaly and Weinberger LLC out of San Francisco to help us in our efforts and will be handling all the Federal issues.
Our team at Shute, Mihaly and Weinberger is partner Winter King and attorney Joseph Petta, along with a few others.
Locally we have retained Attorney Luke Andrew Busby Ltd, whose specialty is land use issues and he will be helping us with all the local concerns.
The Coalition feel that we could not have found a better team to handle both the federal and local components and to help us navigate through all the immediate and long term arguments to try and save our communities.
June 2, 2015
For the Federal
Our Court date for the Preliminary Injunction has been moved up to June 3rd in Eastern District Court in Sacramento. We will have Coalition Board members present to observe and report back. If this preliminary injunction is approved or not approved, we will get our court date to hear our case on the merits which should be in about 6 months. If we do get that PI then work will have to stop on the project until the future court date.
During the Corps and RTC's reply briefs, they of course did their best to discredit and diminish our case our legal team and our Board members. Then our legal team had the opportunity to respond.
A copy of the Reply Brief from our Legal Team is attached below
For the City
Our Coalition also has appealed the Hearing Officers Ruling with the City of Reno on the Grading permit and the Conditional Letter Of Map Revision from FEMA and that is expected to be heard before City Council on June 17th at 6:00 pm.
A copy of the Appeal is attached here:
May 12, 2015
The Coalition is providing a copy of our Preliminary Injunction That was filed on May 6, 2015 in U.S. District Court in Eastern District of California.
April 30, 2015
Legal Action Begins
On Wednesday April 29th, the Coalition's legal counsel, Winter King filed the attached Complaint for Declaratory and Injunctive Relief.
The following is a synopsis of the next steps as explained by Ms. King at our Coalition Community Meeting on April 21st.
1) Contact the attorneys for RTC and the Corps to see if they will voluntarily stop construction until we can get our motion for preliminary injunction heard (approx. 1 month).
This is a requirement of the court rules that we try to work this out amongst ourselves. An email was sent to the attorneys who represented RTC and the Corps last time around. We'll see what they say.
2) If they won't agree to a pause in construction, we file a motion for a "temporary restraining order," (TRO) asking the court to make them stop construction until the court can decide on whether a longer, preliminary injunction is in order. As a reminder, a "TRO" is a very short-term injunction, and is only appropriate if there is immediate harm. A "Preliminary Injunction" or "PI" is supposed to preserve the status quo until the case can be decided on the merits (in our case, that could be 6 months from now).
3) TROs are quite difficult to get. We'll just have to wait and see.
4) There will be a hearing on the TRO.
Even if the Court denies our TRO, it will set a schedule for hearing our motion for a preliminary injunction. The Corps and RTC will have an opportunity to respond to our brief, and we'll get a reply brief.
5) Once the court decides our motion for a preliminary injunction, we then wait for the administrative record to be prepared by the Corps. If the court has granted our PI motion, RTC can do nothing while we wait. If the court denies our PI motion, RTC can continue with construction while we wait.
6) When the record is done, we file a motion for summary judgment (this is our "merits" brief, where we finally get to focus just on what the Corps did wrong). Again, the Corps and RTC get a chance to oppose the motion. The court will have another hearing on this motion, probably sometime in the fall.
We are also continuing our appeal to the City of Reno Hearing Officer on the decision by Staff to not require RTC to get a grading permit and have the Conditional Letter of Map Revision (CLOMR) application completed by FEMA before construction could begin as stated in the Conditions from November 7, 2013 by the Planning Commission and upheld by the Reno City Council after appeal on December 4, 2013. We are waiting for a response from the Hearing Officer.
Below is the public comment prepared by our legal team on behalf of the Coalition as a response to RTC's 404 permit application for Phase 2 of the Southeast Connector. This was fed-ex to the Corps on Friday October 11, 2013.
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On September 24, 2013 the Coalition voluntarily dropped our suit for a preliminary injunction. The Coalition met two of the three legal goals that were set when we filed for a preliminary injunction against RTC and the Army Corps of Engineers. Due to several delays in getting to court, and RTC's admitted "marathon" building being done on Phase 1, the Coalition sought concessions from RTC and the Army Corps of Engineers that would lead to the Coalition volutarily dropping our suit on Phase 1 to concentrate on Phase 2. Please see the Updates Tab for concessions received and further information.
Below is the Motion for the Preliminary Injunction that was served on August 1, 2013. We will file shortly. Since the motion has been served the clock is ticking on their response.
Below you will find the Complaint that was filed on Monday July 29, 2013. The Motion for Preliminary Injunction will be coming soon!
Below you will find the Notice of Intent that was sent out on Wednesday, May 29th to the Regional Transportation Commission and various others by the legal team of Shute, Mihaly and Weinberger on behalf of the Upper South East Communities Coalition regarding the Southeast Connector road project.
Here are the Comments submitted by our legal team of Shute, Mihaly and Weinberger on June 19, 2013 on behalf of the Upper South East Communities Coalition for public comment on the Draft Environmental Impact Study and the General Reevaluation Report by the Army Corps of Engineers for the Truckee River Flood Project.
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