Low Income Housing Livermore Ca - Judge dismisses class action lawsuit against Livermore for failing to respond to Eden Housing vote.
The rendering shows a corner of the Eden Housing development in downtown Livermore. (Photo courtesy of Eden Housing Inc.)
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An Alameda County Superior Court judge dismissed Move Eden Housing's lawsuit against the city of Livermore over the group's unsuccessful election efforts from last year, according to a ruling was issued on Thursday morning.
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Last August, MEH filed a lawsuit in an attempt to convince the court to ask City Clerk Marie Weber to review the petition of the election division, which attempted to revoke the city's approval of an amendment to the agreement, development and loan (DDLA) with Eden Housing. Inc. - the creator of the 130-unit apartment building planned for the city.
"Petitioner's vote violates binding case law from the Court of Appeals for the First District," wrote Judge Michael Markman in the order dismissing the lawsuit.
Citing the opinion of the state Court of Appeals in San Bruno Committee for Economic Justice v. City of San Bruno, Markman said that "a referendum to attack an administration, rather than a law, is inappropriate and may be challenged even if it has not been done. It was approved for a future election. The referendum on this issue would only be an amendment to an administrative law, and therefore it was rejected for a long-term consideration."
The judge's comments reflect the reason why the city did not initially consider the request for an election.
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The referendum proposal was originally presented to the city in July 2022. Weber then held that the council's action to approve the DDLA is administrative, not legislative, and therefore ineligible for a challenge. His determination was based on the advice of City Attorney Jason Alcala and the Special Counsel.
But Move Eden Housing moved forward with its lawsuit, arguing that Weber did not have the legal authority to deny the application process.
"It is important to note that the decision of the court was based on the law that the city gave to the advocates before submitting the request for signatures, and again when the city refused to do the request a referendum,” Alcala told the Livermore Vine. "Despite this law, the petitioner continued to mislead the voters for his own purpose and filed his lawsuit. We are happy with the firmness of the court and its support of the role of the secretary of the city as a representative of the city election," he added.
"This is another win for affordable housing, the city of Livermore and 130 families who are anxiously waiting to find a place to call home," Mandolini said.
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As the group's name suggests, Move Eden Housing is advocating for the rehabilitation of the housing development and for a public park to be built on the current site at the corner of southeast of Railroad Avenue and L Street.
Former Livermore Mayor Bob Woerner — who was involved in the debate over the project during his two-year term and several years earlier while serving on the council — said “ very happy" the decision of Move Eden Housing to support the actions of the city. .
"This decision, along with the appeals court's recent decision on the (Save Livermore Downtown) lawsuit, makes it clear that will eventually build affordable housing as unanimously approved by the City Council," said Woerner. "The length of delay caused by these frivolous lawsuits is unjustified and the court should require a $500,000 bond to prove the potential damages Eden has to post in both cases."
Save Livermore Downtown's lawsuit to overturn the city's approval of the Eden Housing project was denied in Alameda County Superior Court in February 2022. Their appeal was denied by the state appeals court. state last month.
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"After the recent string of legal victories, we hope that groups like Move Eden Housing and Save Livermore Downtown will stop these frivolous lawsuits that only delay and prevent projects that address the serious problems of houses facing our region. where our most vulnerable people live, said Mandolini.
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"Thank you to the City of Livermore for their determination to fight for affordable housing in Downtown Livermore in an effort to provide needed housing for their local workers who are struggling to pay high rents and food costs," he added.
In a statement to the Livermore Vine, Move Eden Housing spokeswoman Maryann Brent reiterated the group's belief that Weber's decision not to proceed with the request it is against the law.
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"From MEH's point of view, the law is clear that when the town or district secretary moves an election or an initiative supported by the election, the clerk's duties are limited to determining whether the procedural requirements have been met," said Brent. "The Livermore City Clerk was more responsible in his assessment of the validity of the election if it passed and refused to comply with the California Election Law.
"We also do not agree with the decision of the court that the decision of the city is an administrative process and is not subject to a vote, in reaching this decision, the court relied on a decision of the Court The Petition is San Bruno Committee for Economic Justice v. City of San Bruno, the result of the sale of city property for the development of a hotel was settled as a management process. read the scope of that decision to apply to the MEH election in Livermore,” he said.
Brent said that in light of their disagreement with those points and others in Markman's decision, the group is "considering its options, including an appeal."
In addition to trying to get his vote known, Move Eden Housing also tried to stop the sale of the land from the town to the construction company, by seeking a restraining order. However, Markman rejected that request back in September.
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Markman also directed the group to send $500,000 of the money to Eden Housing, Inc. in the month of October 2022, to determine the total cost and damage to the development, due to the delay in work caused by the claim.
The property previously owned by the city has been sold to Eden Housing, Inc. and is very ready to go, but has been stopped due to two lawsuits filed by Move Eden Housing and Save Livermore Downtown, which have been announced as separate groups but sharing. members.
"I believe that the Eden Housing group is also pleased with the court's decision in this matter and the lawsuit filed by Save Livermore Downtown, and their work continues to provide much needed housing in Livermore. " Alcala explained the status of the project after this victory.
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Follow Pleasanton Weekly on Twitter @pleasantonnews, Facebook and on Instagram @ for news, local events, photos, videos and more. Find your new apartment at Chestnut Square Family Housing in Livermore, CA. This establishment is located on Chestnut St. in the city of Livermore of Livermore. The owners are eager for your visit. At Chestnut Square Family Housing, you're right at home.
Chestnut Square Family Housing is an apartment complex located in Alameda County with zip code 94551. This area is served by the Livermore Valley Joint Unified attendance zone.
About halfway between San Francisco and Modesto, the local economy of Livermore represents some of the oldest and smallest businesses in California: the city is home to two major laboratories a the DOE and it is the location of the first commercial factories of the state (which continues to be the largest wine factory in the world today) .
The center on First Street is a beautiful tree-lined corridor of restaurants, shops and entertainment venues. There are two ACE train stations in the city making it easy for residents to get almost anywhere in the region. The local schools are top notch and there are many good parks scattered throughout the village.
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Chestnut Square Family Housing is located 10 minutes or 7 kilometers from Las Positas College. Also close to Diablo Valley Coll, San Ramon and San Joaquin Delta, Mtn. Home.
School statistics from the GreatSchools GreatSchools Rating help parents compare schools in a state based on various indicators of school quality and find a useful reflection of how well each school serves all its students. Scores are on a scale of 1 (below average) to 10 (above average) and may include test scores, college readiness , academic progress, academic progress, equity, discipline, and attendance records. We also encourage parents to visit schools, consider other information about schools and programs, and consider family needs as part of the school selection process.
Transportation options available in Livermore include Dublin Pleasanton Station, which is 15 kilometers from Chestnut Square Family Housing.
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