A judge has denied efforts to block Orange County’s toll road bureaux from exploring a possible postponement of the 241 Toll Road through San Clemente, saying the request from the city and a homeowners association was premature.
Given the Transportation Corridor Agencies are years away from deciding if the 241 should be extended and what superhighway would be used,” the possibilities are extensive and uncharted ,” said Riverside County Superior Court Judge Daniel A. Ottolia in a Jan. 28 decree.” There may eventually be no programme at all .”
Ottolia’s governing comes more than two years after San Clemente and The Reserve Maintenance Corporation- which represents homeowners who live near Avenue Vista Hermosa and Camino Vera Cruz- each filed prosecutions against the TCA .
In their complaints, San Clemente and The Reserve challenged a 2016 licensing agreement that avoids the TCA from expand the 241 south of San Clemente near Trestles Beach, fearing it would push brand-new potential routes into the city . The two entities indicated by the TCA didn’t go through a suitable world or environmental inspect before contacting the agreement with environmental groups.
Since the 2016 village, Caltrans and the TCA have been studying a variety of options for addressing south county’s traffic needs, including expand the 241 to the 5 Freeway in San Clemente.
In their lawsuits, the city and The Reserve sought to delay the study while they challenge the TCA’s 2016 settlement.
San Clemente in its lawsuit also argues connecting the 241 to the 5 Freeway in the city would rebut the definition of the 241 as set by state code, which says:” Route 241 is from Route 5 south of San Clemente to Route 91 in the city of Anaheim .”
Ottolia didn’t say whether the TCA went through a proper public or environmental evaluate for the rules of procedure and evidence. But he said improving the 241 by Trestles Beach is infeasible, passed” decisions made by several mood and federal regulatory and environmental agencies .”
Ottolia also said that no authority has already been to even conduct an environmental study on any of the 10 propositions are discussed now. The previous village doesn’t devote the TCA to any particular route, he said.” The law finds that there is no ripe controversy .”
And the commonwealth Legislature can also change the code, he said, making for the “possibility” the quoted slouse” will not apply at all in the end .”
The TCA said in the following statement that its officials” are pleased with the court’s decision on these key issues and look forward to completely resolving this prosecution going forward .”
The ruling was disappointing but not unexpected, said San Clemente Mayor Dan Bane, who is also an attorney for The Reserve. He said he looks forward to gearing up for the contest, which could decide whether the TCA went through a proper populace or environmental recollect for the settlement.
” The instance isn’t over ,” he said.” Those causes of war are still tower out there .”
A event control forum is scheduled for March 12.
San Clemente will litigate TCA, explore arterial alternatives to 241 Toll Road increase 2 San Clemente lawsuits challenge efforts to extend 241 Toll Road San Clemente, Orange County toll agency solidify legal positions in toll road dispute
Read more: ocregister.com.