Was there a lawsuit filed against the original project?

Yes.  A lawsuit was filed in July 2013 to challenge the project approvals, alleging that the Final EIR inadequately addressed project impacts and that the project was inconsistent with the Town’s General Plan. 

The Trial Court rejected the majority of these claims and the Court of Appeal rejected all allegations except the claim that the EIR did not adequately address potential impacts to bicycle safety.  Specifically, additional environmental analysis on bicycle safety is required before the Town considers approval of the proposed project.

Factual documents related to lawsuit  

o          2013 Contra Costa County Trial Court Decision

o          2015 California Court of Appeal Decision

Show All Answers

1. What is The Magee Preserve Project?
2. Is it a development on an Open Space Preserve?
3. Where is it located?
4. What are the existing General Plan and Zoning designations for the Magee property?
5. How does the General Plan or Zoning District allow 69 lots on Agricultural land?
6. Why can't the property be preserved in its current farmland state?
7. What is Measure S?
8. Is the project subject to Measure S and therefore a public vote?
9. Why does the property need to be rezoned?
10. How much traffic would the project generate?
11. Were impacts to cyclists considered?
12. Would the project cause downstream flooding and erosion?
13. Would the development impair the ability for police and fire to respond?
14. Has this project been proposed before?
15. Was there a lawsuit filed against the original project?
16. What was the outcome of the lawsuit on the SummerHill development proposal?
17. What will happen if Measure Y passes, or if it fails?
18. What public trails would be associated with the development?
19. Who will maintain the trails?
20. Will Diablo Road be improved?
21. How will the open space be assured to be permanent?
22. Will the project have a negative impact on fire safety?
23. Are there State laws that require development of open space?
24. How many vehicles trips would the development add to the roadway network?