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Greenbelt Alliance In the News

March 18, 2005

Foes set to sue on building in Lagoon

Attorney for Friends of Lagoon Valley submits letter of intent to file suit against the city and developer.

An attorney representing Friends of Lagoon Valley, a group that formed last summer to oppose development in the southwestern Vacaville area, submitted a letter of intent Thursday to file suit against the city and developer Triad Communities.

The attorney, Stuart M. Flashman of Oakland, said the suit likely will be filed next week.

"The main purpose of this letter is to say, 'Hey, everything's not fine," Flashman said.

Friends spokeswoman Marian Conning said this should come as no surprise.

"It was a serious decision, but it was an easy decision," Conning said. "We continue to believe we are right on this and the community expects us to continue to fight."

Conning said the legal battle will be paid for through fund-raising efforts.

Triad president Fred Grimm said he's disappointed.

"To be slapped by a small gang of obstructionists who won't listen to anything is disappointing after a very laborious effort," Grimm said. "They don't have any accountability. They don't have to answer to anybody."

Jerry Hobrecht, Vacaville's city attorney, said he saw this coming, but is disappointed nonetheless.

"Some of us saw Marian Conning on channel 10 saying they were going to sue," Hobrecht said.

The city attorney also said that given the brevity of Flashman's letter, which was two sentences long, it was hard to refute claims that could be made in court.

The letter states that the approvals made by the City Council in the last several months are inconsistent with the city's general plan and the 1991 Lower Lagoon Valley Policy Plan. Flashman also wrote that the city would be violating state law regarding density bonuses, should the 1,025 homes designed for the land be built.

David Levy, the attorney representing Triad, agreed with Hobrecht that he sees no merit in claims made by Friends.

"We think the city did everything right and by the book," Levy said.

The suit by Friends would be the second regarding Lagoon Valley development in two years. In the summer of 2004, the Greenbelt Alliance sued the city and Triad, alleging that the development - which then called for 1,300 homes - wasn't legal. The settlement, reached in December, decreased the number of homes, increased the acreage of open space to be donated by Triad and set up a process by which an urban limit line will go before voters.

Greenbelt Alliance representative Brent Schoradt said his group stands by the December accord.

"We certainly respect their right to participate in the legal and political process, but we stand by the settlement agreement," he said.

Schoradt added that the petition process to get an urban limit line on the ballot will be on hold until the legal battle is over.

Grimm said he doesn't see the suit delaying the development, which might not get under way until 2007 because the final project map still is to be approved.

"If their hope is that they'll keep taking potshots and we'll go away, they're sadly mistaken," Grimm said.

Tom Hall can be reached at vacaville@thereporter.com.

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