Suits against Cal consolidated Cal sports center lawsuits coalesce
Oakland Tribune 1/12/07
Alameda County Superior Court Judge Frank Roesch said the issues in the three lawsuits are common, and consolidating them won't infringe the rights of any one party.
The city of Berkeley, the Panoramic Hill Association and a group of 12 plaintiffs, including California Oak Foundation and Save the Oaks at the Stadium, have all filed separate lawsuits.
The city sued last month because of concerns about earthquake safety — the planned projects are on the Hayward Fault — emergency access and massive traffic jams from a 900-space parking lot. The Panoramic Hill Association, which has its own lawsuit, shares some of the city's concerns.
The group of a dozen plaintiffs sued in a bid to save 42 historic oaks in front of the stadium. The group also has concerns about safety at the project site.
To try to save the oaks, six people, including former mayoral candidate Zachary RunningWolf, are living in them. They say they plan to stay until forcibly removed.
Attorneys for the three plaintiffs and UC Berkeley's lawyers will go before Judge George Hernandez at 9 a.m. Thursday to set a new date for a preliminary injunction hearing. At that time, a new judge also will be chosen to hear the cases.
A judge issued an order last month tentatively barring UC Berkeley from starting work on the project until court proceedings begin. The university had hoped to break ground on the project in March. UC spokeswoman Marie Felde said the university hopes a preliminary injunction won't be granted so it can move forward with the project.
A fourth lawsuit against UC Berkeley was filed Monday by a group called Save Tightwad Hill, which is made up of Cal Bears fans who watch games for free on a grassy hill above the stadium. Their view would be blocked by stadium expansion plans. That suit also could be consolidated with the other three.