remand from the California Supreme Court, the Court of Appeal upheld
the City’s decision in the Berkeley Hillside Preservation case that a single family dwelling was exempt from environmental
review and held that the City complied with the California Environmental
Quality Act when it approved a permit for construction of the dwelling without
environmental review. On October 15, 2015, the Court of Appeal denied Appellants' Petition for Rehearing and certified the opinion for publication (see page 21).
The California Supreme Court reversed the Berkeley Hillside Preservation appellate court decision which found that the City violated CEQA when it determined that its approval of a proposed single-family home was categorically exempt from CEQA.
The Court of Appeal upheld the Alameda County Superior Court's decision to grant summary judgment in favor of the owner to provide 10 units of BMR housing to qualifying households in the 1080 Delaware matter.
The Court of Appeal affirmed the trial court's judgment in the Friends of West Berkeley matter.
The Court of Appeal upheld the City's Injunction against U-Haul.
On September 6th, the Council approved a settlement of Concerned Library Users v. City of Berkeley, in which some residents challenged the use of Measure FF bond funds to construct new buildings to house the South and West Branch neighborhood libraries. As a result, the City can proceed with some certainty that the projects can now go forward unimpeded by litigation.
The California Court of Appeal affirmed the decision of the Alameda County Superior Court upholding the validity of the City’s approval of the “Ashby Arts” project at Ashby and San Pablo Avenues.
Wollmer v. City of Berkeley - March 30, 2011 Published Decision
The California Court of Appeal affirms the trial court’s Denial of Petition for Writ of Mandate.
Wollmer v. City of Berkeley - Court of Appeal Decision
The 9th Circuit Court of Appeals affirmed the United States District Court's Opinion (below).
Kerima Lewis v. City of Berkeley - 9th Circuit Memorandum
Stephen Wollmer v. City of Berkeley - Alameda County Superior Court:
Wollmer v. City of Berkeley - Denial of Petition for Writ of Mandate
November through March 2009 - U-Haul
California Court of Appeal dismisses U-Haul's appeal of preliminary injunction: City of Berkeley v. U-Haul - Appeal Dismissed
The California Supreme Court denied U-Haul's petition for review on June 10, 2009. See the Court of Appeal's opinion below, March 2009. Kerima Lewis v. City of Berkeley - United States District Court, Northern California Opinion:
Lewis v. City - Opinion Dismissing Action
California Court of Appeal affirms revocation of U-Haul's Use Permit: U-Haul v. City