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Judge approves sale of bonds for Reno train trench

AP

Wednesday, June 12, 2002 | 12:18 p.m.

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RENO, Nev.- A judge approved the city's sale of bonds Tuesday to finance a controversial train trench through the middle of downtown, a setback for critics trying to force a public vote on the project.

Washoe District Judge James Hardesty ruled that the city acted properly in approving the $115 million bond sale to finance the lowering of the railway corridor into a 2-mile-long trench.

"It's a good day. We can now put in place a majority of the financing we need," Reno City Manager Charles McNeely said.

A group of citizens opposed to the trench had filed a lawsuit to try to block the city from selling the bonds. They wanted the sale to be postponed until Reno citizens have a chance to vote on a ballot initiative opposing the $231 million project.

Hardesty said he won't rule until next week on whether the initiative is legal and should appear on the ballot in the September primary election. The city is trying to stop that from happening, saying the initiative was crafted illegally, even if it did secure the necessary 15,000 signatures.

Hardesty said the Citizens for a Public Train Trench Vote failed to prove their First Amendment rights would be violated by going ahead with the sale of the bonds.

The group had claimed that the sale of bonds would make voters less likely to turn out at the polls and vote against the project because they would see the project as a foregone conclusion.

They argued it would be an unconstitutional infringement of a citizen's right to free speech in the form of harming the ballot initiative.

Hardest disagreed.

"There is simply no basis for a First Amendment violation in this case," he said.

City officials said even if the trench project is killed, the bonds could be used to finance other municipal projects.

Mike Tracy, one of the leader's of the opposition, said they were optimistic the judge still would allow the public vote in September.

"I'm disappointed, but it's not unexpected. Even though we've lost some points, it doesn't mean they can't still do the right thing," he said.

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