Congratulations People’s Park Supporters!!!
The Appeals Court issued their final decision today. We won the most important point in the case for the continuation of the Park. The court’s order, attached below, finds that UC’s Environmental Impact Report did not adequately analyze feasible alternative sites for Housing Project #2. Therefore, as stated in the Disposition on page 44, our claim that UC needs to look more carefully at other places to build Housing Project #2 is upheld and the case goes back to the trial court. Our current understanding is that the trial court (judge Roesch) will give instructions to UC as to how it can comply with this appeals court decision. In later days we will get a fuller understanding of what those instructions will look like. One possibility could be that UC will write another EIR with a more complete analysis of other places to build. Most importantly no construction can take place at People’s Park now or until this decision is final. After this is final either side can take additional legal steps that will delay construction even further. Because we are all interested in the timeline of future developments I include the information below from the lawyer.
Upcoming deadlines:
- Last day to file Petition for Rehearing in Court of Appeal: 3/13/23
- Opinion Final: 3/26/23
- Last day to file Petition for Review in Supreme Court: 4/5/23
Appeals Court Decision, February 24, 2023:
https://www.peoplespark.org/wp/wp-content/uploads/2023/02/Appeals-Court-Decision-February-24-2023.pdf