BRT Lawsuit Filed

by lewwaters

Lawsuit GavelOnce again we witness a group of Clark County citizens filing a lawsuit against C-Tran over their moving ahead with plans for Bus Rapid Transit after voters overwhelmingly voted down a funding measure for construction of BRT.

Two years ago this blog raised the question Voters Slap Down CRC & C-TRAN, But Will It Matter? and wrote of subsequent efforts by C-Tran to Bypass Voters on BRT and LRT to see them moving ahead with an approval of BRT this past April.

I was not included in the loop on this lawsuit, only receiving copies of the Summons and Complaint with no explanation or background on it. But it is obvious that a familiar group of names got together to seek an attorney to file it.

Commissioner Madore, not listed in the plaintiffs has made it known through his facebook “newspaper” page that this suit has been filed while claiming, “C-Tran sued by citizens for misappropriation of funds” and stating “The suit will likely prevent the Federal Transit Administration (FTA) from funding the BRT project until the alleged crime is settled” along with “I agree with the suit and will stand with Clark County citizens to uphold the law.”

Previous efforts in suing C-Tran have failed to stop the rogue agency from moving ahead, the CRC going comatose through efforts at denying funding at the legislative level.

But, as we have seen, it remains very much alive, although very quietly.

Staunch Madore critic and supporter of the rogue C-Tran agency, Ron Goodman said on the C3G2 facebook hate site, “Madore may well be contravening his fiduciary obligations as a board member, which could expose him to legal liability. The suit has ‘Madore’ written all over it. The references to voter’s pamphlets and C-Tran 20 Year Development plan are classic Madore arguments.”

Goodman adds, “Prediction: this suit goes nowhere. Madore’s malarkey is spreading thinner and thinner.”

This blog has no knowledge of any involvement by Commissioner Madore behind this suit, but will not argue the point.

Failed legislative candidate, Mike Briggs, another well-known Madore critic chimed in with, “Notice, John Ley, he is being maneuvered now to have another shot at the Legislature probably by appointment (if plans go well for the local Republicans). And Dan Coursey, Harvey Olson, Larry Patella, Tom Sharples, all very visible in Clark County politics” taking an obvious slap at the plaintiffs.

What any of that speculation has to do with this suit is beyond my ability to understand. But, that is Mr. 37% for you.

Will this suit actually accomplish what Madore hopes it will?

I remain skeptical of that as we have seen too often the will of the citizens thwarted by the like of Vancouver Mayor, Tim ‘the Liar’ Leavitt and others seated on the C-Tran Board of Directors that will spare no effort in undermining citizens.

I have long maintained that BRT down Fourth Plain has no useful function other than to link with Portland, Oregon’s financially troubled light rail extended into our community, also defeated numerous times by Clark County voters.

I do not oppose this suit, but won’t be surprised to see it fail, if it does. If it succeeds, I will be most pleasantly surprised.

The real way to stop this madness is a change in elected officials and I have to admit, I am completely baffled that voters, the same voters that have repeatedly refused every effort at forcing Portland’s ill-fated light rail into our community and refused to fund BRT keep returning to office the very scoundrels that continually ignore the will of the voters and keep moving ahead with this nonsense.

Then too, I am left perplexed as to why those that deem this blog and me as “irrelevant” also demand I cover matters they deem important instead of placing those demands on the CCGOP A-Team.

I now wait with bated breath at how the Lazy C and Lefty Lou Brancaccio will spin this in their usual manner.

3 Comments to “BRT Lawsuit Filed”

  1. After hunting for an attorney last year and earlier this year finding all I contacted to be on retainer I am thrilled the group of public citizens were able to locate one and file this suit. Please realize that 81.104.030 a Washington State law has indeed been violated. See this:

    RCW 81.104.030

    Policy development outside central Puget Sound — Voter approval.

    (1) In any county that has a population of one hundred seventy-five thousand or more and has an interstate highway within its borders, except for any county having a population of more than one million or a county that has a population more than four hundred thousand and is adjacent to a county with a population of more than one million, transit agencies may elect to establish high capacity transportation service. Such agencies shall form a regional policy committee with proportional representation based upon population distribution within the designated service area and a representative of the department of transportation, or such agencies may use the designated metropolitan planning organization as the regional policy committee.

    Transit agencies participating in joint regional policy committees shall seek voter approval within their own service boundaries of a high capacity transportation system plan and financing plan. For transit agencies in counties adjoining state or international boundaries where the high capacity transportation system plan and financing plan propose a bistate or international high capacity transportation system, such voter approval shall be required from only those voters residing within the service area in the state of Washington.

    (2) Transit agencies in counties adjoining state or international boundaries are authorized to participate in the regional high capacity transportation programs of an adjoining state or Canadian province.

    [1995 2nd sp.s. c 14 § 541; 1993 c 428 § 1; 1992 c 101 § 20; 1991 c 318 § 3; 1991 c 309 § 2; (1991 c 363 § 155 repealed by 1991

    Realize that this is our county, our C-tran falls under this law. The contract with TriMet for light-rail falls under this law and so does the BRT system. We are a nation of laws and it is sad that we have to use our courts and both our own money as well as that of the tax payers (again us) to sue to force the laws be obeyed. Please everyone vote better in 2015! Vote against Bart Hansen and Larry Smith who sat on this board and voted to break our laws!

  2. Why replace new hybrid 40′ buses with the 60′ articulated buses that cost over $ 1 MILLION each and are subject to spontaneous combustion? CTRAN’s own data ridership data shows that the extra long buses are not needed, and putting bicycles inside the bus cannot be considered a “need” for the extra 20′ either.
    by KING 5 News Posted on January 11, 2013 at 8:48 AM
    A Sound Transit bus caught fire in the Interstate 5 express lanes in north Seattle Friday, creating a backup of at least 10 miles southbound and another backup northbound.
    It happened around 7 a.m. at N. 85th Street. The express lanes were in the southbound direction at the time. All express lanes and some main line lanes in both directions were blocked. The offramp from northbound I-5 to N. 85th Street was also blocked because of fire trucks.
    Posted on December 10, 2009 at 7:33 AM Updated Thursday, Dec 10 at 1:45 PM See all 4 photos »

    SEATTLE – A Sound Transit bus caught fire in the middle of downtown Seattle early Thursday morning, creating street closures but no injuries.
    The fire broke out around just before 6 a.m. on Union Street between Sixth and Seventh. Fire crews arrived to find the bus fully engulfed in smoke and the tires aflame. Crews managed to put the fire out.
    A Sound Transit official said the bus was exiting the freeway when the brakes started sparking. One of the few passengers on board reported smelling smoke to the driver. The driver stopped the bus and everyone got out safely before the bus started heavily smoking and the tires caught on fire.
    “Just shook the building, shook the entire building. Actually one of my valets was walking up the ramp and he thought that a car blew up. He thought it was an explosion,” said a witness.
    Investigators say the brakes froze and somehow caught fire.
    Union Street was closed between Sixth and Seventh streets, causing some delays in traffic. The bus was transported out of downtown around 7:15 a.m. and the streets were re-opened.

    At about 2:17 PM on January 7, 2008, a Bellevue police officer came across a full size (articulated) King County Metro bus that was on fire. It was “fully involved,” according to the dispatcher. Bellevue Fire responded to the event and extinguished it. Specifically, light-force 7 and engine 6 responded. It was confined primarily to the engine and the back of the bus. No one was hurt.
    ********************************************************************************************************************************************* 2008, Federal Way, WA
    *********************************************************************************************************************************************** (note the 60′ bus in this story cost $ 400,000 in 2004. In Vancouver WA in 2014, the cost per 60′ bendy bus has been estimated over $1 MILLION each at a cTRAN meeting)


    Ron Goodman is good at applying uncalled for legal sounding apothegms, like fiduciary duty, where no such constraint exists in law. Where is it written that David Madore, as a director of C-Tran, cannot be a plaintiff in this, or any other, lawsuit against C-Tran? All over the US and the English speaking world mayors sue the council, the council sues the mayor, one council member sues another council member, on and on.

    Are we to believe that no city attorney ever thought to launch a defense based on Ron Goodman’s theory of fiduciary duty?

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