Livermore, CA

Court rejects legal challenge to affordable development in Livermore

Built in the Bay

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(LIVERMORE, Calif.) An Alameda County judge struck down a legal challenge to an affordable housing development in the suburban city's downtown area, but an appeal could potentially delay the construction even more.

Save Livermore Downtown, the resident collective opposing the development, filed a lawsuit against Livermore in June of last year.

The initial suit was filed in response to the city council's approval of a 130-unit-affordable housing complex at the corner of Railroad Avenue and South L Street, according to the East Bay Times.

In court filings, Save Livermore Downtown claimed that nonprofit Eden Housing's planned project was "inconsistent" with elements of Livermore's downtown plan. They did not provide specific details about how it was inconsistent in the court filing. Additionally, the group urged the city to do more environmental impact research before approving the development.

Alameda County Superior Court Judge Frank Roesch ruled in favor of Eden and the city last week, tacitly backing the claim by the nonprofit and city officials that Save Livermore Downtown's legal challenge was based largely on their opposition to the development as a whole rather than a specific issue.

Roesch referred to Save Livermore Downtown's argument as "almost utterly without merit" and said that after reviewing all the evidence, the decision was "not a close call."

This comes roughly four months after Roesch ruled in favor of Eden in a damages lawsuit, ordering Save Livermore Downtown to pay $500,000 in damages to the nonprofit.

"While we at Eden are pleased with the court's decision, we would vastly have preferred to be proceeding with the construction of this development in 2022," Eden Housing CEO Linda Mandolini said in a statement.

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