U.S. Supreme Court Turns Down Brightline Appeal

U.S. Supreme Court won’t hear Indian River County’s appeal of Brightline lawsuit
By Joshua Solomon, Treasure Coast Newspapers, Published October 5, 2020

INDIAN RIVER COUNTY — The U.S. Supreme Court won’t hear Indian River County’s appeal of its lawsuit against Brightline and the Federal Railroad Administration.

The denial marks an end to the county’s most high-profile case against the higher-speed passenger railroad. It could have resulted in Brightline losing access to billions of dollars in tax-exempt private-activity bonds — a financial model it also is using to finance a similar rail line between Los Angeles and Las Vegas — and short-circuited its expansion from West Palm Beach to Orlando International Airport.

The ruling, which was announced Monday, was expected, county officials said.

“We knew it was going to be an uphill battle,” Indian River County Attorney Dylan Reingold said.

The legal effort had been seen as the county’s last chance to keep its lawsuit alive after previous losses. It is also the same case that led to a settlement with Martin County in November 2018, which ensured the county would get a station on the Treasure Coast and the company would pay for some safety improvements.

“The Supreme Court’s decision to deny Indian River’s petition closes out the county’s repeated and baseless attempt to disrupt our efforts of connecting Florida by passenger rail,” Brightline spokesman Ben Porritt said in a statement.

Brightline trains have been shut down since March, 2020, due to the Coronavirus pandemic.  No word on when the higher-speed trains will start rolling again.

Construction on Phase 2, from West Palm Beach to Orlando continues.

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