SLD first filed its enchantment in April, following Alameda County Superior Court docket Decide Frank Roesch’s denial of their preliminary lawsuit that argued the town’s approval of the complicated — set to be constructed on the southeast nook of Railroad Avenue and L Avenue — violated state environmental coverage and the town’s personal Downtown Particular Plan. The group is advocating for the housing improvement to be relocated and for a neighborhood park to be constructed on the city-owned undertaking web site as a substitute.
In a ruling issued Thursday (Aug. 18), the appellate court docket denied the movement to dismiss the enchantment however granted the movement to expedite with SLD’s opening temporary due no later than Sept. 12.
“If appellant fails to file its opening temporary by September 12, 2022, the enchantment will probably be dismissed. Respondents’ temporary shall be filed no later than 20 days after appellant information its opening temporary, and appellant’s reply temporary shall be filed no later than 20 days after the respondents’ temporary,” the court docket’s order states.
It continues, “If oral argument is requested, the court docket anticipates it’s going to set the matter for listening to on November 16, November 30, or December 14, 2022.”
Nonetheless, as famous on the appellate court docket’s web site, counsel for SLD just isn’t accessible on Nov. 16 however is offered for both of the 2 later dates.
Beneath the appellate court docket’s accelerated schedule, there could possibly be a ruling on the enchantment earlier than the tip of the yr.
Whereas SLD was not the occasion that filed the movement to expedite overview of the enchantment, the group considers the appellate court docket’s determination a triumph in its favor as a result of the enchantment was not dismissed.
“We’re happy that the California Court docket of Enchantment has denied a movement filed by the Metropolis of Livermore and Eden Housing to dismiss the Save Livermore Downtown (SLD) enchantment of its lawsuit,” SLD advised Livermore Vine in a press release. “This is a crucial victory. The appellate court docket has acknowledged our critical issues and is permitting us a full course of earlier than the court docket. We now have robust arguments that the Metropolis and Eden didn’t observe the Downtown Particular Plan necessities or CEQA (California Environmental High quality Act) rules.”
SLD additionally mentioned that the schedule established by the court docket nonetheless offers the group ample time to make its arguments.
“Though the timeframe for the enchantment has been accelerated, it considerably exceeds the 60-day restrict that the Metropolis and Eden requested the Court docket to set. A really compressed time interval would have curtailed SLD’s rights to temporary the enchantment and provides oral argument earlier than the court docket, as is the regular follow,” the group’s assertion mentioned.
“Beneath the court docket’s proposed schedule, SLD could make its arguments in an acceptable timeframe. Because of this, there’s nothing unreasonable in regards to the appellate court docket’s determination to expedite the enchantment. Actually, after noting the significance of preserving our briefing rights, the assertion SLD filed concluded by saying that SLD doesn’t oppose an acceleration of the court docket listening to.”
