Court Says Some Busway Work OK

An emergency order to halt all work along the designated 14-mile bus corridor in the San Fernando Valley was clarified Tuesday by the appellate court in Los Angeles after Metropolitan Transportation Authority officials expressed concern over safety issues if construction were to stop.

The court allowed the MTA to “take such interim actions ... as are necessary to protect the public from safety risks and hazard resulting from unfinished construction activities.” But it specified that no additional construction could take place until a decision was handed down.

A court order issued Monday bars the MTA from “carrying out the busway project” until the issuance of a more detailed ruling, which is expected late next week.

Confused by the order, transit officials Tuesday requested clarification. MTA attorneys said open trenches cannot be abandoned and closed intersections must be cleared. On Tuesday, work continued on the site, which stretches from North Hollywood to Woodland Hills.

“It’s not as easy as turning everything off immediately,” said Steve Carnevale, the MTA’s chief counsel. “We’re trying to see what we can and cannot do. I assume the court doesn’t want us to keep trenches there for all eternity. We’re trying to stop construction as quickly as we can.”

Eleven of the 31 intersections along the corridor are blocked by construction, officials said. The busway, more than 30% complete, was set to open in August 2005.

In 2002, a residents group -- Citizens Organized for Smart Transit -- sued the MTA, arguing that the agency’s environmental impact report was flawed. But a Los Angeles County Superior Court judge dismissed the lawsuit.

Two weeks ago, the state appellate court reversed that decision on the basis that the MTA did not adequately consider a network of rapid-bus lines as an alternative.

Work continued on the busway, although the environmental impact report had been deemed inadequate. The court issued a stay on the work Monday, pending the detailed ruling.

“The fact that they issued a stay is not a good sign for us, but it doesn’t necessarily mean it’s where the court is going,” Carnevale said.

Last Friday, MTA officials filed a petition with the appellate court for the case to be reheard, Carnevale said.

The attorney for the residents group agreed with the clarification.

“As a general concept, doing work that would protect the public from hazard is all right,” John Henning said.