Tag Archives: CEQA Lawsuit

Sunnyvale West Citizens Shut Down the Mary Ave Bridge Extension Project


Congratulations Sunnyvale West citizens! Gopal Patangay just relayed the word . . . “GOOD NEWS! Today in the council meeting the motion 1.H – RTC 12-055 to ‘Reject Proposal to Prepare Revised Environmental Impact Report (EIR) and Associated Analysis of Mary Avenue Extension Project’ (F1006-118) is passed with 7-0 vote by the Sunnyvale City Council. At last The Mary Ave. Extension Project is a history.”

In Sunnyvale West v City of Sunnyvale Council, a state superior court ruled that the city’s environmental review of a road extension violated state law because it based it’s review on traffic projections for 2020 instead of current conditions.

This news is very motivating and encouraging to communities that unite and oppose City Projects and illegal environmental impact reports. The Sunnyvale West Decision, as a result of a California Environmental Quality Act CEQA lawsuit, has made an impact throughout the state courtrooms, most recently influencing the win of Madera Oversight Coalition, Inc. v. County of Madera.

Community Advocates ~ take note: you can win!

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Court’s Ruling Forces School District to Reconsider Plans for Lighted Stadiums


By Matt Wilson Posted: 12/20/2011 mwilson@community-newspapers.com

The Fremont Union High School District will have to re-evaluate its plans for nighttime football games at Monta Vista and Lynbrook high schools.

A Santa Clara County Superior Court judge has ruled that the district’s certification of an environmental impact report did not properly analyze and mitigate the noise that could come from two proposed track and field renovations at both schools. Both projects will be on school property, mere feet from residential back yards.   Continue reading

Sunnyvale West CEQA Win Rippling Effect Throughout California Courtrooms


The Sunnyvale West v City of Sunnyvale Council Appellate CEQA win is causing an immediate impact and rippling effect throughout the state of California courtrooms. In Southern California, for example, attorneys for both sides are using the Sunnyvale decision as arguments for the Expo Line Phase 2 lawsuit.

Published Dec 22, 2010 “The Sunnyvale Decision” and Phase II of Expo: Game Changer or Footnote?  Damien Newton writes “After NFSR lawyer John Bowman introduced case-law that was decided five days ago, Sunnyvale West Neighborhood Association v. City of Sunnyvale City Council, things changed.  In Sunnyvale, a state superior court ruled that the city’s environmental review of a road extension violated state law because it based it’s review on traffic projections for 2020 instead of current conditions.  The mitigation plan for Expo are based on traffic projections for 2030.”   Continue reading

City of Sunnyvale Found GUILTY of Violating CEQA Law Rules Appellate Court


Congratulations and Joyous Holiday Wishes to Plaintiffs Dr. Bill Mathews, Eleanor Hansen, Tammy Salans, Gopal Patangay, as head of the Sunnyvale West Neighborhood Association and Attorney Zan Henson who sued the City of Sunnyvale Council to decertify the Environmental Impact Report (EIR) for a proposed bridge at the north end of Mary Avenue (at Almanor) called the Mary Avenue Extension Project EIR and WON!
For the ruling, click here.
The City of Sunnyvale Council must set aside its approval of the Mary Avenue Extension Project until a legally adequate EIR has been prepared and considered.
Certified for Publication and filed 12/16/10, the California Court of Appeals rules “The City of Sunnyvale’s use of hypothetical traffic conditions of Year 2020 violates CEQA Law. The failure to comply with the law subverts the purposes of CEQA if it omits material necessary to informed decisionmaking and informed public participation.”    Continue reading

PAMF Sunnyvale Warns of Asbestos


PAMF Public Affairs Manager Cynthia Greaves warned the Sunnyvale Palo Alto Medical Foundation Heritage District Neighbors, December 7, 2010, of clean-up work demolishing tiles and insulation containing asbestos to begin and continue throughout the month of December.

Click here for the PAMF building webcam activity.

What ever happened to holiday twinkling Christmas lights, reindeer and an occasional sighting of Santa during the month of December? No, instead, PAMF neighbors and Sprouts shoppers will be greeted with dumpsters containing dust, old tiles and removed insulation containing asbestos in the remedial work of the two story, 72,065 sq. ft. Sunnyvale Palo Alto Medical Foundation site.  Continue reading

City Manager Gary Luebers Returns the PAMF EIR, Really Does Not Need it


“How refreshing” is how Lead Agency Trudi Ryan responds when Deborah Gorman informs her that The City Manager, Gary Luebers, had just returned the Sunnyvale Palo Alto Medical Foundation Environmental Impact Report (PAMF  EIR) and stated that “he really does not need a copy.”
  
(Click image to enlarge)
Gary Luebers Returns the PAMF EIR

Gary Luebers Returns the PAMF EIR

 

On 1/9/09, Gorman writes Sunnyvale Planner Trudi Ryan, “I  just wanted to let you know that the City Manager, Gary, returned the PAMF EIR as he said that he really does not need a copy as he knows he can come to us if he needs to take a look at it. I told Kathy McGraw that we could continue to provide Gary with copies of the EIRs and he could return them to us if he does not want to keep a copy.”          Continue reading