Education

Lifting Of Injunction Delayed At Cal Oak Grove

BERKELEY (BCN) ― The state Court of Appeal ruled Thursday that an injunction stopping the University of California, Berkeley from beginning work on a new sports training center in an oak grove next to its football stadium should remain in effect for at least two more weeks. 

"The preliminary injunction is not yet dissolved" because final judgment in the case never took effect. The injunction "remains in place, subject to future modification by the trial court, as appropriate," the appellate court said.

The Court of Appeal is referring to Alameda County Superior Court Judge Barbara Miller, who issued a preliminary injunction on Jan. 29, 2007, against the university's proposed 158,000-square-foot project, which is projected to cost $140 million, but ruled on July 22 that the university could begin work because it has modified the project to meet her concerns.

However, Miller kept the injunction in place to give the plaintiffs who sued the university time to file an appeal and seek a stay to stop the project during an appeal.

Two plaintiff groups filed an appeal July 25, which kept the injunction in place another 20 days, until Aug. 13.

The Court of Appeal's ruling today means the injunction will stay in place at least until Aug. 21, when Miller will issue a preliminary ruling on the plaintiffs' motion to have her throw out her July 22 ruling in favor of the university. A hearing on that issue will be held on Aug. 25.

A UC Board of Regents committee approved building the sports training center on Dec. 5, 2006.

Shortly afterward, a group of people began living in a grove of oak trees next to the stadium to protest the project because it calls for tearing down most of the trees. Four protesters remain at the site.

In addition, the Panoramic Hill Association, which represents people who live near the stadium, the California Oak Foundation and the city of Berkeley filed suit against the project.

The Berkeley City Council failed at a July 24 meeting to muster enough votes to approve an appeal but the other two plaintiffs did appeal.

Stephan Volker, the attorney for the California Oak Foundation, said today that, "We are pleased with the Court of Appeal's ruling and we feel vindicated."

Volker said he interprets today's ruling to mean that additional issues must be addressed in Miller's courtroom before work on the project can begin.

The university remained "confident" that it ultimately will be allowed to go forward with its project, UC-Berkeley spokesman Dan Mogulof said. 

But he added that the ruling means that the project will be delayed even longer and the university will continue to incur costs, such as policing the project site and higher construction costs.

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