Lawsuits Against AAF

VIRGIN SUES BRIGHTLINE FOR $250 MILLION

BRIGHTLINE IS BEING SUED BY VIRGIN ENTERPRISES FOR OVER $251 MILLION BECAUSE BRIGHTLINE TERMINATED THEIR NAMING DEAL EARLY. Virgin is accusing Brightline of using the pandemic to get out of the 20-year deal.

According to the lawsuit, Brightline told Virgin that they were terminating the agreement because the "Virgin brand had ceased to constitute a brand of international high repute, largely because of matters to the pandemic."

US SUPREME COURT WON'T HEAR CASE AGAINST BRIGHTLINE

THE US SUPREME COURT DENIED INDIAN RIVER COUNTY'S APPEAL OF ITS LAWSUIT AGAINST BRIGHTLINE AND THE FRA. The ruling was announced Monday, ending a mark to the county's case.

County officials said that they had expected the ruling results. Indian River County Attorney Dylan Reingold said that they "knew it was going to be an uphill battle" and that they "are still pushing hard on all the safety requirements that would be needed."

Read more here.

BRIGHTLINE, DOT ARGUE AGAINST SUPREME COURT REVIEW OF BOND FINANCING

USDOT AND BRIGHTLINE ARGUE THAT U.S. SUPREME COURT SHOULD DENY INDIAN RIVER COUNTY'S REQUEST FOR A WRIT OF CERTIORARI. The county has asked the court to review a federal appeals court's December 2019 determination that the USDOT determined that the high-speed rail passenger rail project qualified for $2.7 billion in PAB financing.

County Attorney Dylan Reingold said a reply to the USDOT and AAF Holding's briefs will be filed the week of September 7. Justices are expected to convene during their September 29 conference to consider the writ request.

BATTLE OVER FLORIDA'S PRIVATE TRAIN REACHES U.S. SUPREME COURT

INDIAN RIVER COUNTY'S CASE AGAINST THE FDOT, FRA AND ALL ABOARD FLORIDA IS PASSED TO U.S. SUPREME COURT. The case revolves around the legitimacy of $2.1 billion in private activity bonds that were allocated to AAF's high-speed passenger rail service, Brightline.

Read more here.

INDIAN RIVER COUNTY SEES VIRGIN TRAINS FINANCING AS THREAT TO 'SEPARATION OF POWERS'

INDIAN RIVER COUNTY SENDS THEIR LAWSUIT AGAINST BRIGHTLINE/VIRGIN TRAINS USA TO THE SUPREME COURT, asking to clear up an issue that threatens the court's "constitutional responsibility 'to say what the law is.'"

Previously, cases that Indian River County had been filed against the high-speed passenger rail were shot down by the lower courts. This year, Indian River County raised $200,000 to make this one last appeal.

RESIDENTS POOL $200K SO FLORIDA COUNTY CAN TAKE SUIT AGAINST VIRGIN TRAINS TO SUPREME COURT

THE ALLIANCE FOR SAFE TRAINS NONPROFIT GROUP HAS RAISED $200K IN PRIVATE MONEY. This money has been raised for Indian River County to pursue its case against the U.S. Department of Transportation and the Federal Railroad Administration.

Indian River County had previously sued the U.S. DOT and FRA for wrongly issuing $2.7B in tax-exempt bonds, but both a federal court and a federal appeals court ruled the bonds were permissable. After $3M fighting the case, the Indian River County Commission voted in January to end further appeals.

COURT REJECTS INDIAN RIVER COUNTY'S CHALLENGE AGAINST BRIGHTLINE/VIRGIN TRAINS USA

THE U.S. COURT OF APPEALS REJECTED INDIAN RIVER COUNTY'S CLAIMS OF IMPROPERLY APPROVED FUNDS FOR BRIGHTLINE/VIRGIN TRAINS USA FRIDAY.

However, this is not the end to the fight.

TRAIN WRECK TIMES - EXCELLENT NEWS AND LOTS OF POSITIVE EXPOSURES!

Train Wreck Times by Susan Mehiel

Excellent News and lots of Positive Exposure!

We’re pleased to report we had major success in Brevard County recently. After talking to the Board of County Commissioners at their meeting at the end of March, we were contacted by Commissioner Tobia who offered to sponsor a resolution regarding the AAF safety issues. We were pleased to work with his staff to produce a resolution.

TRAIN WRECK TIMES | THEY'RE AT IT AGAIN!

The Train Wreck Times by Susan Mehiel

They’re at it again! Earlier his week we received word from IRC that the Florida Development Finance Corporation is reviewing ANOTHER Private Activity Bond Request from Virgin Trains in addition to the $1.1 Billion they haven’t sold and the $600 million already sold. This approval would be for $950,000,000 in PAB’s and brings their allotment of taxpayer-subsidized funding to a grand total of $2.7 Billion.

NEW LAWSUIT: INDIAN RIVER COUNTY SUES VIRGIN TRAINS OVER RAIL-CROSSING MAINTENANCE

INDIAN RIVER COUNTY HAS FILED ANOTHER LAWSUIT AGAINST VIRGIN TRAINS ON WEDNESDAY. This lawsuit argues that the county should not be enforced to pay for 21 crossing improvements along the Florida East Coast Railway corridor.

Prior to the establishment of Virgin Trains USA, Indian River County had an agreement with the FEC to maintain freight crossings.