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ANCIENT OAK GROVE AT UC BERKELEY WINS COURT INJUNCTION

by Bach repo
Today Alameda County Superior Court Judge Barbara Miller issued a Preliminary Injunction barring the University of California at Berkeley 's proposed removal of a century-old stand of native Coast Live Oaks in response to motions filed by the California Oak Foundation and its co-petitioners including Save the Oaks at the Stadium.
Hayward - Today Alameda County Superior Court Judge Barbara Miller issued a Preliminary Injunction barring the University of California at Berkeley 's proposed removal of a century-old stand of native Coast Live Oaks in response to motions filed by the California Oak Foundation and its co-petitioners including Save the Oaks at the Stadium. The Court's Order provides that

"The Motions for Preliminary Injunction are GRANTED. . . . the Court finds that Petitioners have made a sufficiently strong showing of likelihood of success on their claims under the Alquist-Priolo Earthquake Fault Zoning Act and California Environmental Quality Act to justify the issuance of a preliminary injunction pending resolution of those claims at trial . . . . The Court further finds that the interim harm to Respondents caused by the issuance of an injunction, although not insignificant, would be less than the interim, irreparable harm that Petitioners would suffer in the absence of an injunction . . . .

. . . pending the resolution of these proceedings by trial, settlement or otherwise, Respondents The University of California and The Regents of the University of California,. . . and all those acting in concert with them or at their request or on their behalf, shall be enjoined from taking any further action to implement the Southeast Campus Integrated Project ("Project") including, without limitation, construction of the first phase of the California Memorial Stadium Project, known as the Student Athlete High Performance Center, if such action would result in change or alteration to the physical environment within the Project boundaries."

The Court directed counsel for petitioners "to submit a proposed form of preliminary injunction consistent with this Order to the Court by 2:00 p.m. on Tuesday, January 30." In the meantime, the "temporary restraining order in this case shall remain in effect pending the Court's issuance of a preliminary injunction."

The Preliminary Injunction shall stay in effect pending the trial on petitioners' lawsuit this summer.

The California Oak Foundation's lawsuit challenges the University's decision to cut down a unique, historic grove of Coast Live Oak trees adjacent to the California Memorial Stadium to make way for the proposed 158,000 square foot Student Athlete High Performance Center. The lawsuit, filed December 19, alleges that the University violated the California Environmental Quality Act (CEQA) and the Alquist-Priolo Earthquake Fault Zoning Act. The lawsuit also points out that the University failed to disclose the significance of the ancient stand of Coast Live Oak trees that would be removed and the serious earthquake hazard posed by building over the active Hayward fault, which is capable of causing damage similar to the 1989 Loma Prieta quake.

"We are pleased that the Court has ordered the University to halt implementation of this ill-designed project," stated Janet Cobb, Executive Officer of the California Oak Foundation. "This proposal threatens the most significant stand of California Live Oak trees not only on the University of California at Berkeley campus, but throughout the Berkeley lowlands," commented Ms. Cobb.

"We hope this will be the turning point. Our lawsuit has persuaded the Court to order the University to halt its planned tree removal and grading activities, which had been scheduled to begin late this month," commented Doug Buckwald, Co-Chairman of Save the Oaks at the Stadium ("SOS"). SOS' members provide ground support for the six tree sitters whose eight-week vigil in several of the threatened ancient Coast Live Oak trees has inspired widespread community opposition to the stadium expansion project.

"We are thrilled that our lawsuit has put the brakes on this unnecessarily destructive project," stated Berkeley City Councilwoman Dona Spring, one of the individual plaintiffs in the suit. "This grove of huge native oak trees provides not only essential wildlife habitat, but a beautiful island of tranquility in an otherwise congested urban area. The breathtaking grandeur of these century-old native trees fills my heart with joy and hope," explained Councilwoman Spring. "This is a significant remnant grove that provides wildlife habitat for many species that depend on the greenbelt that begins with this grove and continues into the Berkeley-Oakland-Contra Costa hills. To destroy this grove would subject more species to endangerment and would reduce the necessary greenspace that supports an urban area densely populated by wildlife as well as people," added Ms. Spring.

"We are elated that the Court has ordered the University to pull back the chainsaws and bulldozers while the Court examines the merits of our lawsuit," stated Stephan Volker, attorney for the plaintiffs. "We are gratified that the Court has agreed with us that the University failed to fully disclose this project's adverse impacts on this unique and historic stand of native oak trees and to fully address this project's severe earthquake hazards," added Mr. Volker. "Locating this project directly over one of the most dangerous earthquake faults in California makes no sense, particularly when safer sites that would not harm irreplaceable ancient oak trees are available," explained Mr. Volker. "Through their singular act of love and courage, the tree sitters and their supporters have transformed a community and ignited a movement that will not only save this grove, but the planet."

Copies of the Court's Order Granting Motions for Preliminary Injunction may be obtained by calling the Law Offices of Stephan C. Volker at (510) 496-0600.

--
Bay Area Coalition for Headwaters (BACH)
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Berkeleyite
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Mon, Jan 29, 2007 8:46PM
berklyian is likely pissed
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