Cal Cities urges court to affirm dismissal of CEQA lawsuit challenging affordable housing project

The League of California Cities recently filed an amicus brief urging the First District Court of Appeal to uphold a trial court ruling rejecting a lawsuit challenging an affordable housing project. The brief is in support of the city of Livermore in Save Livermore Downtown v. City of Livermore, et al.

The case involves a 130-unit affordable housing development in the city’s downtown core. After the city approved the project, the plaintiffs — a community group known as Save Livermore Downtown — filed a lawsuit alleging that the city’s approval of the project violated the California Environmental Quality Act (CEQA), as well as state planning and zoning laws. Specifically, the plaintiffs challenged the city’s determination that the project was exempt from CEQA and consistent with the city’s downtown-specific plan.

The city argued that its determinations were adequately supported by evidence and that the plaintiffs failed to prove the city’s determinations were unreasonable. The trial court agreed with the city, stating on the record that it was “not a close case” and that the plaintiffs’ CEQA arguments were “almost utterly without merit.”

Despite these statements by the trial court, the plaintiffs appealed the ruling. 

The city initially asked the appellate court to dismiss the appeal. The city argued that the plaintiffs’ real motive is to keep the development from moving forward: The delays and associated uncertainty have already cost the developer millions of dollars and threatened the viability of the project. The appellate court declined to dismiss the appeal, but they did agree to expedite it in light of the city’s arguments. 

Cal Cities’ amicus brief urged the appellate court to rule in favor of the city. The brief pointed out that the claims in this lawsuit “exemplify a trend by special interest groups to weaponize CEQA lawsuits in an attempt to delay or deter housing development” and do not accomplish the stated purposes of environmental protection underlying CEQA.

“Upholding the city’s well-considered and detailed CEQA findings will send a message that CEQA claims based on non-environmental concerns cannot be used to kill housing developments,” Cal Cities stated.

The appellate court will hear oral arguments on December 14. If the case is submitted immediately after oral arguments — as cases typically are — then an opinion will be issued within 90 days.

Cal Cities will continue to provide updates on this case as it develops. In the meantime, cities with questions about the impact of this case should consult their city attorney.