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meehyun kurtzman
Update on the Marin Community Alliance lawsuit against Marin County
In November of 2014, Marin Community Alliance brought suit against the County of Marin for the 2007-2014 Housing Element plan because of its improper reliance on a Supplemental Environmental Impact Report ("SEIR"), which did not expire with either that Housing Element or the current Housing Element, and which put expansive amounts of unincorporated Marin County into potential risk of high density development.
The County termed the SEIR “programmatic” which means it serves as a template for future development and could be used by developers to avoid their own EIR's when they propose projects.
This also meant that every site proposed for development will be addressed on a “case by case” basis, rather than complying with California Environmental Quality Act ("CEQA) requirements to look at all of the potential projects in order to assess their cumulative impacts on a community.
The Marin Countywide Plan was amended earlier during the planning process to promote high density development and proposed sites for development that could serve as “pre-approval”, since they were incorporated into the SEIR.
This convoluted planning process, poor public noticing of decision hearings, and reliance upon a plethora of well-paid housing advocates (including County staff) created a perfect storm that MCA felt had to be fought and which it continues to fight in the courts.
Here then is the latest update on the progress of our suit.
It has been a while since the last update on MCA v Marin County. At that time, we shared the news about our Appeals Court Hearing in San Francisco, held in February. There are two new updates to share with you since that Hearing:
The Appeals Court Decision
We regret to inform you that on March 9th, the Appeals Court rendered its initial decision in favor of the County of Marin. However, this written decision showed how the three justices of the Court had based its opinion on assumptions that misstated or contradicted established facts in the case.
Subsequently, MCA immediately requested a rehearing to the Appellate Court to review its faulty decision. Our attorney Michael Graf submitted a detailed brief documenting these inaccuracies. We presumed that the Court would not review their decision since these requests are more of a formality. As expected on April 6th the Appeals Court indeed declined to review their decision.
What this means:
- The Appeals Court’s unpublished ruling and their reasoning behind their decisions as it stands, is factually incorrect and contains contradictions.
- The Court’s decision, due to its inaccuracy in facts, has created more problems than it solves for everyone involved.
What Next? On to the California Supreme Court!
What are our options now? As it stands now, the Appellate Court has left Marin County residents with a confused and unclear plan for the future. Each of the 49 land sites of the County SEIR may now be subjected to individual legal challenges and unpredictable results as development proposals are brought forth. Each community will now have to raise its own funds and awareness to monitor and fight each proposal as it comes on deck.
MCA has been a leading proponent of fighting this war on our county in one major attempt, rather than fighting each and every one of 49 sites individually, which included the large-scale rezoning of the county by the concurrent changes made in the Development Code.
MCA is making one more attempt in the Courts to gain the legal verdict we all need and deserve.
The improper planning practices by unelected planners that need to be overturned by the courts are not only needed for Marin County but all California residents, who also have cases before the Courts calling for this legal clarity. On April 18th, MCA petitioned the Supreme Court to review this case because of the confusion that this case has revealed for the county and to some extent the state as a whole. If and when the Supreme Court decides what to do about this bureaucratic mess, we can reassess.
The County is counting on their “divide and conquer” strategy working. They are mistaken. MCA’s legal briefs and expertise on this issue will be a tremendous aid to every one of those 49 sites and other developments occurring at the rezoned sites.
Attorney Michael Graf is a hero for having taken on this case. He is the only expert worthy of trust in this intricately complex issue of CEQA litigation and County Wide General Plan changes.
MCA and our supporters feel immense gratitude. He will be an effective and ardent proponent who can guide each neighborhood, with his extensive amount of knowledge and expertise that he has accumulated during this arduous and convoluted four-year journey.
If Supreme Court can see the forest and not the trees, they will review the case. I will keep you posted.
So, this case moves forward. If you are so inclined to contribute to cover the cost to file this Supreme Court’s appeal, please do so. We appreciate all who have already donated, and all who have contributed endless hours to make this case possible.
As always share this message with your neighbors, friends and associations.
Best, Meehyun and MCA team
For copies of the briefs filed and the court’s decision and to make a donation to this cause, see
http://marincommunityalliance.squarespace.com
TO DONATE CLICK HERE