City Prevails in Nishi Project Lawsuit
CITY OF DAVIS PREVAILS IN NISHI PROJECT LAWSUIT
Oct. 16, 2019 –The City of Davis announced today that it has prevailed in a lawsuit filed by the Davis Coalition for Sensible Planning regarding the Nishi Project.
On Oct., 9, 2019, Judge Peter M. Williams of Yolo County confirmed his tentative ruling from the day prior.
Judge Williams ruled that “the project provides the amount of affordable housing as required by the City’s affordable housing ordinance.” Williams also noted that the petitioner failed to establish the project discriminates on familial status.
Further, Williams ruled that the City proceeded in a manner in accordance with the law regarding the Environmental Impact Report (EIR). The judge’s order also state that the “petitioner has failed to establish the City’s decision to prepare an addendum (to the EIR) is not supported by substantial evidence.” The same ruling was given with regard to the City preparing an addendum to project transportation impacts.
Lastly, the order states that the petitioner has not provided new information indicating that the project would cause an exacerbation or existing environmental hazards or concern.”
“I appreciate that the court ruled in favor of this voter-approved project,” said Mayor Brett Lee. “I look forward to the project moving forward so that the community will benefit from the rental units to help address the rental housing shortage Davis is experiencing.”
“We knew the City was 100% thorough in their analysis and disclosures as required by law,” said Nishi developer Tim Ruff. “More often than not, these lawsuits have nothing to do with environmental impacts, but rather are attempts to stop or extort the project. The court rejected the spurious claims and reached a sound decision based on the facts and the proper process that was followed.”
For more information, please contact Barbara Archer in the City Manager’s Office at email@example.com or 530-747-5884.