Oakland, CA
Environmental and natural resources Lawyer at Oakland, CA
Practice Areas: Environmental and Natural Resources, Land Use & Zoning, Election Campaigns & Political Law
OUTCOME: Trial Ct. ordered approvals rescinded based on multiple deficiencies in EIR. Ct of Appeal affirmed in part, reversed in part, published decision (slip opinion). Petition for review pending
Writ of mandate case challenging CSU's approval of EIR for Cal State East Bay Hayward Campus Master Plan for violations of CEQA.
OUTCOME: Ct. ordered approval rescinded and EIR rewritten to correct deficiencies
Writ of mandate case challenging CEQA review for Bay Area to Central Valley High-Speed Train Project.
OUTCOME: Writ of mandate denied
This case was a challenge to a referendum petition filed by a citizens' group in Cupertino challenging City approval of a condominium project. The challenge asserted that the petition form was improper ... , that petition sections had been circulated in incomplete form, and that the petition was circulated in violation of elections code requirements. Patty Chi and Helam Luk were named as real parties in interest as the proponents of the referendum petition. The defendant City Clerk (Smith) took a neutral position in the litigation. The judge denied a demurrer, but also denied the petition, finding that the petition was sufficient on its face and there was no evidence of improprieties shown on the face of the petitions. Real Parties negotiated a settlement on attorneys fees.
OUTCOME: judgment for plaintiff
Case challenged the Alameda County Transportation Authority ("ACTA") and Calif. Dept. of Transportation ("Caltrans") use of funds from an Alameda County transportation sales tax measure. The measure ca ... ll for construction of a route "along Mission & Foothill Boulevards" in Hayward. Instead, ACTA and Caltrans planned to build the "Hayward Bypass", up to 1 1/2 miles to the east through the Hayward hills. The case was both a petition for writ of mandate and challenge to illegal expenditure of public funds. Initially, Defendants won summary judgment. That was reversed on appeal (HAPA v. ACTA, 1999,72 Cal.App.4th 95 [84 Cal.Rptr.2d 744].) On remand, judgment was entered for plaintiffs after a five-day court trial. Caltrans appealed the judgment, and it was affirmed in an unpublished decision. (case A098051) Plaintiffs were also awarded attorneys fees for all portions of the case.
OUTCOME: Judgment for petitioner/plaintiff
This case challenged a subdivision approval ("Clark Road Project") in the El Sobrante area of Richmond. The challenge was both for an inadequate EIR under CEQA (California Environmental Quality Act) an ... d for inconsistency with aned inadequacy of the Richmond General Plan. CEQA issues included inadequate soils stability analysis, failure to discuss impacts on a neighboring nursing home, and inadequate traffic analysis. The general plan challenge was based on an antiquated and internally inconsistent general plan with a circulation element that included major roadways that had not been and could not be built. Judgement for petitioner/plaintiff on all counts. Plaintiff awarded attorneys fees plus a multiplier. The fees award was affirmed on appeal.
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