"The suit, backed by a resident group known as West Valley Citizens for Responsible Development, argued the San Jose City Council had erred in approving the Costco project in October 2024. The lawsuit, filed two months after the council vote, alleged the proposed 165,000-square-foot store at the Westgate West Shopping Center violated city zoning rules and the project's environmental review process was inadequate."
""West Valley Citizens for Responsible Development is understandably disappointed by the trial court's decision, and is currently evaluating all options for possible next steps," Anthony Arger, an attorney representing the group, told San José Spotlight. Meanwhile, City Attorney Susana Alcala Wood celebrated the ruling as "thorough and thoughtful." She also accused the plaintiffs of using the legal challenge over environmental concerns as a pretext to "obstruct or delay" the project."
Judge Charles Adams of Santa Clara County Superior Court dismissed a lawsuit seeking to block a new Costco at the Westgate West Shopping Center in West San Jose, clearing the way for the development. The suit, backed by West Valley Citizens for Responsible Development, had alleged council error in the October 2024 approval, zoning violations, and an inadequate environmental review for the proposed 165,000-square-foot store. The judge rejected those arguments in a 28-page Jan. 5 ruling. Plaintiffs have roughly two months to appeal. City Attorney Susana Alcala Wood said the ruling allows reuse of vacant commercial buildings and will generate sales tax; residents remain concerned about traffic and proximity to Prospect High School.
#costco-development #land-use-lawsuit #zoning-and-environmental-review #traffic-and-community-impact
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