On second thought, Indian River County Commission refuels its fight against Virgin Trains USA, U.S. DOT and the FRA

Written by Bill Wilson, Editor-in-Chief
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The Indian River County Commission just reloaded its weapon. The commission has been in a legal battle with Virgin Trains USA, the U.S. DOT and the Federal Railroad Administration, saying the private activity bonds issued by the Florida Development Finance Corp. were done so illegally.

Now the Indian River County Commission will be using $200,000 in private money to appeal the court case against Virgin Trains USA, the U.S. DOT and the FRA at the highest judicial level—the Supreme Court. The county also has beefed up the legal team to include Kannon Shanmugam and former 4th U.S. Circuit Court of Appeals Judge Michael Luttig.

The commission has already spent $3.5 million fighting Virgin Trains USA and Co., which includes other cases over other safety issues, and may have to spend around $4 million to take it to the Supreme Court.

Back in January, the commission voted to stop the judicial pursuit against Virgin Trains USA, the U.S. DOT and the FRA. However, with the news of access to private money, a unanimous decision was made on Feb. 18 to take another look. The hope is a Supreme Court that is more conservative influence might see the stance of the commission in a more positive light.

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