The City of Sunnyvale has been charged close to a whopping $1.3M to date for the failed Mary Avenue Extension Project (MAEP) with additional expenses to De-Publish Precedent Opinion climbing and still yet unknown.
Filed and Published December 16, 2010, the 6th Appellate Court ruled against the City of Sunnyvale Council’s approval of the proposed Mary Avenue Extension Project and its Certification of the Final Environmental Impact Report (FEIR).
The Appellate Court found the City of Sunnyvale’s usage of year 2020 hypothetical traffic “baseline” to be legally deficient. The FEIR did not consider the project’s traffic and related impacts on the existing environment and “constituted a failure to proceed in the manner required by law.”
In addition to this ruling, The Appellate Court Certified the Sunnyvale West v The City of Sunnyvale Council Decision for Publication. The impact of a Published Decision is significant, as this ruling sets precedence and is able to be referenced with future lawsuits. Only a minority of Decisions result in a Published Decision.
Filed in February, 2011 nearly 15 California government and business agencies are presently aggressively seeking to De-Publish the Sunnyvale West Decision at the Supreme Court Level. Stay tuned . . .
And, no wonder, one of the biggest “heavy-hitters” and proponent of the De-Publication Motion is the Santa Clara Valley Transportation Agency (VTA) who, according to The Public Records Requested and forwarded by resident Bill Hawkes, out of the $1.3M billed the City of Sunnyvale a mammoth $840,000.00 for “Mary/Mathilda Improvements.”