"Seth Adams, a director of Save Mount Diablo, said Judge Michael Markman's Nov. 19 decision was a "huge victory" and "one of great holiday cheer." "You've got to stand up to bullies," said Adams, whose organization was one of two groups who sued the city, including another group called Friends of Livermore. "Dublin has been a bully in this situation.""
"Judge Markman wrote that by putting the measure on the ballot, "there is an 'eminently reasonable possibility' that the city will use its new authority ... for the eventual development of at least some portion" of the area. This warrants further environmental study of the area, Markman wrote, and the city was obligated to do that before City Council voted to put the measure on the ballot."
A Superior Court judge found the city obligated to perform environmental review before voting to place Measure II on the ballot because ballot placement created an eminently reasonable possibility the city would use new authority to develop at least part of the protected canyons. Measure II would allow consideration of commercial development in Doolan and Collier canyons beyond a 2014 urban limit line protecting 3,282 acres. Environmental groups sued to block the ballot action. The city can appeal, and city attorneys contended environmental review would require speculation about future land-use decisions.
Read at The Mercury News
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