FOGG Alert – July 2, 2017

State Lands Commission Lawsuit – 5th Update – Court Hearing

FOGG attended the Wednesday, June 28, 2017 court hearing at Superior Court, in Judge Suzanne Ramos Bolanos’ court room, on the lawsuit initiated by the State Lands Commission (SLC) vs. the City of San Francisco about Proposition B.

Proposition B, passed by the San Francisco voters in June, 2014 requires voter approval before a developer can exceed the present height limits on San Francisco Port waterfront properties.

SLC asked the Court to invalidate Proposition B.  The City requested the Court to dismiss the case.

Judge Bolanos tentatively rejected the SLC request to invalidate Proposition B, and also denied the City’s request to dismiss the case.

The lawsuit may now go to trial on September 11, 2017 according to Judge Bolanos.

California Deputy Attorney General Joel C. Jacobs represented the SLC.  Jacobs was consistent in his claim that the voters can’t be trusted in decisions that affect their waterfront.  Only the Port Commission understands land use issues.  

Christine Van Aken, San Francisco’s Deputy Attorney represented the City.  She was somewhat astonished that the SLC feels that the Port Commissioners – a non-elected body – are more understanding and transparent than the voters of the City.  Christine did a fine job of responding to Jacobs for what we thought were his skewed arguments.

You can read how the media covered this story by clicking on these links.

LA Times Article

SF Chronicle Article

SF Examiner Article

We will keep you advised as to Judge Bolanos’ decision on the possibility that the lawsuit will go to trial.

Lastly, FOGG wishes all of our supporters a very happy July 4th Holiday.  Thanks for being with us since 2003.

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