Court rules for Metro in state lawsuits brought by Beverly Hills over subway extension

A Superior Court judge ruled in favor of Metro on Wednesday in state lawsuits brought by the Beverly Hills Unified School District and the city of Beverly Hills alleging that the environmental studies for the Purple Line Extension project were flawed and needed to be redone.

To put it in plain English: Judge John A. Torribio upheld the studies and denied the requests that they be redone, a task which could have potentially cost Metro millions of dollars and delayed construction of the project. The judge found that Metro’s decision to place a station at Constellation and Avenue of the Stars in Century City was based on “substantial evidence” and that the station location meets the project’s goals of increasing mobility in the region.

Metro issued this statement about the ruling:

“Metro is pleased that our in-depth, multi-year environmental review process was found valid by the Superior Court.  We look forward to working with all the communities along the alignment, including Beverly Hills, to fulfill our commitment to deliver this regionally significant and beneficial project for the taxpayers of L.A. County.”

The dispute involves Metro’s plans to tunnel under the Beverly Hills High School campus in order to reach the approved Century City station at the intersection of Avenue of the Stars and Constellation Avenue. The station location was selected by Metro for three reasons: to locate a station closer to the heart of Century City, generate higher ridership for the new line and to avoid an active earthquake fault  zone that runalong Santa Monica Boulevard as determined by seismic and geotechnical studies by Metro and its contractors.

The Constellation route meant that the subway would have to tunnel under part of the Beverly Hills High School campus. School District and city officials complained that could damage the school and/or prevent them from building an underground parking garage, among other issues. After a final Metro Board hearing on the matter in May 2012, Metro determined that it was safe to tunnel beneath the campus, the tunnels would not prohibit any new development, noise and vibration levels would be within federal limits, old oil wells in the area do not present an unmitigable risk to tunneling and the project would not prevent the campus from being used as an emergency evacuation center.

Both the city of Beverly Hills and the Beverly Hills Unified School District have also filed lawsuits against the Federal Transit Administration, alleging violations of the National Environmental Policy Act. The FTA is helping fund the Purple Line Extension and approved the environmental studies for it. Those lawsuits are still in court.

Local funding for the 8.5-mile Purple Line Extension was approved as part of the Measure R half-cent sales tax increase that was supported by 68 percent of Los Angeles County voters in 2008. The project is being built in three phases: phase one is from Wilshire & Western to Wilshire & La Cienega, phase two extends the project to Century City and the third phase extends tracks to two stations in Westwood — one at Wislhire and Westwood and the final one near the Westwood/VA Hospital, just west of the 405 freeway.

Advanced utility relocation for the first phase of the project is underway and the FTA is expected to soon announce a funding agreement for that part of the project. The Metro Board of Directors is scheduled to select a contractor to build the project this summer with construction starting in late 2014. The first phase is currently forecast to open in 2023.

11 replies

  1. Whatever. You all know BH is going to appeal this to a higher court anyway.

    So disillusioned with politics and NIMBYs and all the stupid laws and regulations, you already know whats going to happen next.

    Wake me up when I’m 150 years old when this case is over.

    • Dates changed when the first phase terminus changed from Fairfax to La Cienega. The 2022 date — as proposed by mayor in 2010 — was only if project was accelerated, which only would have happened with massive infusion of funding at that time. Project could still be accelerated but depends on America Fast Forward being entirely adopted by Congress.

      Steve Hymon
      Editor, The Source

  2. Hopefully, the appellate court will agree with the lower court and BH and BHHS will think twice about filing an appeal to the CASC. This case could be over within 3 to 5 years which is before the project is suppose to start.