Judge Rules CADA Violated State Law in Planning Development Project On Tuesday, August 5, 2003, the Superior Court of California, in the County of Sacramento, ruled in favor of the Ron Mandella Community Garden, in a lawsuit charging that the Capitol Area Development Authority (CADA) had failed to comply with regulations specified under the California Environmental Quality Act (CEQA) in the planning of the proposed Fremont MEWS project. This is the development project that would replace the 30 year old Mandella Community Garden with 119 high end condominiums. The ruling, issued by Judge Gail Ohanesian, states that "section 21090 of the public resources code does not excuse respondent CADA from completing a further environmental review of the subject project." This ruling essentially requires CADA to perform a site specific environmental impact report that assesses the impact of the proposed condominium build at 15th and Q Streets, the site of the current Mandella Community Garden.
The ruling will legally halt any construction until CADA performs an EIR, and is determined to be in compliance with the law established by CEQA. The ruling culminates just one part of a legal struggle that is ongoing and has lasted several months.
[ SaveTheGarden.org ]