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Indybay Feature
Fri Feb 2 2007 (Updated 02/10/07)
Berkeley Oak Grove Wins Court Injunction
Fri Feb 2 2007 (Updated 02/10/07)
ANCIENT OAK GROVE AT UC BERKELEY WINS COURT INJUNCTION
On January 29th, 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. imc_audio.gifAudio

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 . . . . . . . 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."

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