Ruling Contested

NOBLAG, RSCD staff, Mt. Washington Homeowners Alliance, and Jo Anne Barker have contested the Ruling. In summary, the Protestants recommend that the interim authority to construct granted by the Ruling be held in abeyance until:

1. The costs and inconvenience to the neighborhood and the public of removing or modifying the safety protections at the crossings, including grade separations are minimal.

2. The Authority has demonstrated the actual costs of delay necessitating interim relief.

3. The Authority is likely to be successful on the merits with respect to their recommended safety protections at the crossings.

4. The Authority has obtained a bond sufficient to cover all costs removing or modifying the grade crossings.

5. The Authority has complied with all relevant provisions of CEQA.