Recent News For The Danville Summerhill Homes Lawsuit
On July 28, 2014, Contra Costa County Superior Court Judge Steven Austin ruled that the Danville City Council acted improperly last year when it rezoned agricultural land at the SummerHill Home project site, known as the Magee Ranch property, without first seeking a general plan amendment, which would require voter approval, to change the agricultural land-use designation. Save Open Space-Danville, a neighborhood group, had previously challenged the approval of Danville’s SummerHill Homes Development Project. Their lawsuit stated that the development plan did not get voter approval, or take into consideration the impact the project would have on the environment in terms of the California Environmental Quality Act. The claims of SOS-Danville were focused on the public’s right to vote, protecting the Red Legged Frog, and traffic mitigation for the congested intersection of Diablo. Other issues with this developmental project, according to SOS-Danville, is bicycle safety and the removal of trees.
The Town Council recently voted unanimously to appeal Judge Austin’s ruling. The Danville Town Council’s decision was announced publicly by Mayor Robert Storer at the Town Meeting Hall. According to Danville City Attorney Rob Ewing, a notice of appeal needs to be filed within two months to the State’s Court of Appeal for it to meet a legal deadline.
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