Statement Regarding SLD’s Appeal to the Superior Court’s Decision on Downtown Livermore
April 15, 2022
April 15, 2022
Eden Housing, Inc.
Livermore Downtown Project
On April 14, 2022, Eden Housing was notified that Save Livermore Downtown (SLD), an unincorporated association claiming to be comprised of local residents, has appealed the Alameda County Superior Court’s decision to deny their challenge to the City of Livermore’s approval of the Downtown Livermore project.
- Eden Housing and the City of Livermore have been working together to build 130 new affordable apartment homes on a city-owned site in downtown Livermore. The site was acquired by the City in 2009 for use as affordable housing and the City adopted zoning to enable this development. In 2021, the City of Livermore unanimously approved Eden’s development plan with significant support from the community and community business leaders.
- In June 2021, SLD filed a meritless lawsuit claiming the City’s approval of Eden’s project violated the California Environmental Quality Act (CEQA) and California Planning and Zoning Law.
- In September 2021, Eden asked the Court to impose a bond against SLD pursuant to California Civil Code Section 529.2, which authorizes such a bond when challenges to affordable housing projects are brought for the purpose of delay. The Court agreed that SLD appeared to have brought the suit to delay affordable housing and ordered SLD to post a $500,000 bond for damages caused by its lawsuit.
- On February 4, 2022, SLD’s CEQA and Planning and Zoning Law claims were presented to the Alameda County Superior Court. The court, as an impartial observer, concurred with the City and Eden’s assessment that SLD’s challenges are meritless. The court denied SLD’s claims and ordered that judgment be entered in favor of the Downtown Livermore project. In fact, at the conclusion of the hearing, the court observed that SLD’s claims are “almost utterly without merit” and that rejecting the claims they had presented was “not a close call.”
Statement of Mayor Bob Woerner, City of Livermore, Regarding SLD’s Appeal to the Superior Court Decision
“No surprise here. Appealing at the last possible moment is consistent with SLD’s past efforts to delay the much-needed workforce housing. The City is very confident that the Superior Court’s ruling will be upheld on appeal and is continuing to work with Eden Housing as they develop the project.”
Statement of Linda Mandolini, President & CEO, Eden Housing, Regarding Superior Court Decision on Downtown Livermore
“Eden Housing agrees with the City. The legal delay is all the more disheartening when we consider that Eden had secured the financing from the State of California to start construction on the project this week. Sadly, instead of welcoming 130 families to homes they desperately need next year, we will be wasting time and resources fighting this baseless legal action.”