Aug 26, 2008 9:46 pm US/Pacific
Judge Lifts Order Blocking Berkeley Sports Center
BERKELEY (CBS 5 / AP / BCN) ―
An Alameda County judge late Tuesday lifted an order blocking the University of California, Berkeley from building a sports center that has been the focus of an impassioned tree-sitting protest.
Superior Court Judge Barbara Miller's final ruling clears the way for UC Berkeley to begin constructing an athletic training facility where several dozen oak trees now stand. Protesters have occupied the trees for more than 18 months.
Opponents of the $140 million project said they planned to appeal. Two plaintiff groups who initially filed the suit to try to stop the university from building the new facility were expected to rush to seek a stay that would continue to stop the project while their appeal of Miller's ruling is heard.
"We feel like we have a strong case," said Michael Kelly, the president of the Panoramic Hill Association, which represents people who live near the proposed construction site. "We believe that several issues were not adequately resolved by the current judge."
University officials said they have promised construction will not begin until the state appeals court has ruled.
Environmentalists opposing the project also said the sports center slated to be built next to UC Berkeley's football stadium would sit too close to a major fault line in violation of earthquake safety codes.
Kelly said that because the football stadium sits on top of the Hayward earthquake fault, "It's urgent that we get this case resolved by the appellate court as soon as possible."
UC-Berkeley spokesman Dan Mogulof said the substantive part of Miller's final decision was "identical" to her preliminary July 22 ruling, which said the university should be allowed to begin work on its controversial project because it had addressed her concerns about environmental and safety issues.
Mogulof said legal observers believe the state Court of Appeal could decide on a stay within in a matter of days after the two plaintiff groups file their renewed formal notice of appeal.
"This arrangement means that if and when the Court of Appeal decides not to impose a new injunction, the university will be able to begin work immediately," Mogulof said.
He added, "Time is of the essence. Every additional day of delay will cost the university approximately $40,000, not to mention the additional time our student-athletes will be forced to tolerate entirely sub-standard conditions."
"Given the exhaustive, detailed ruling Judge Miller has issued, we feel very optimistic that the legal coast will soon be clear," Mogulof said.
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 remained at the site as of Tuesday evening.
The city of Berkeley, the California Oak Foundation and the Panoramic Hill Association filed suit against the university in late December 2006 to try to stop the project on environmental and safety grounds.
Miller issued a preliminary injunction on Jan. 29, 2007, which temporarily halted the project. But she held additional hearings on the case late last year and earlier this year and on July 22 said the university could go ahead with the project.
However, she kept her injunction in place long enough to allow the plaintiffs adequate time to file an appeal.
The city of Berkeley considered filing an appeal, but at a July 24 meeting the Berkeley City Council couldn't muster enough votes to authorize an appeal.
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