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The latest victory was at the state's appeals court, the rich landowners will appeal to the state supreme court before this issue is finally resolved. It is not final yet.
Airlines will all be broke soon, they do not and will not have any cash to politicalize these trains. They will certainly look foolish with their alms cups out seeking state funds when they pushed to prevent any state funds for railroads. They will not have any legs to stand upon.
Likewise, there will be airlines seeking funds from the banking and investment firms, which might take whatever funds that might have been available for the new railroad before this year's human malware.
Whether or not this railroad ever gets built will depend upon how easily they can raise the money from private investment firms and banks.
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I have since learned the appeals court ruling was based on the meaning of is (or any other verb in present tense) within the standard Texas code dictionary. It is understood to include future tense just to keep things simple when writing laws. In fact, most legislatures in the world include future tense with present tense verbs on legislation.
Arguing whether or not Texas Central is a railroad company now is not that important, it is whether or not Texas Central will be or could be a railroad company.
Whereas I expect the losers will appeal to the state supreme court, I don't see it overruling what the appeals court ruled.