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Appeal to Nishi Development Decision Withdrawn; Ruling in Favor of City Stands

Post Date:April 02, 2020 9:23 am
The City of Davis announced today that the appeal of the Yolo Superior Court decision regarding the Nishi project has been withdrawn. The case is now concluded.
 
The Nishi 2.0 project is a 700-unit, student-oriented apartment complex project, providing 2,200 beds, on a 47-acre site located between the University and Interstate 80. The City Council approved the project in February 2018 contingent on voter approval. In June 2018, the voters approved the project with 60.6% percent of the vote.
 
The original lawsuit was filed on March 9, 2018, by a citizens group named the Davis Coalition for Sensible Planning (petitioners, self-identified as Colin Walsh and Susan Rainier) that challenged the voter-approved Nishi mixed-use development project. On October 24, 2019, the trial court entered judgment in favor of the City of Davis and the project applicant, denying the writ petition in its entirety. 
 
The plaintiffs subsequently filed a notice of appeal on December 2, 2019. The City Council reported out from closed session on Jan. 14, 2020, that it would defend against this appeal. Prior to any briefing in the Court of Appeal, petitioner filed a voluntary abandonment of the appeal on March 13, 2020. 
 
The City did not pay any fees or costs in the abandonment of the appeal. In addition, the City has an indemnity agreement with the project applicant pursuant to which the project applicant paid for the City's attorney's fees and costs.
 
“This group filed repeated lawsuits and appeals to try to block the Nishi project. It’s worth noting that they lost every single legal claim they made that came before the courts even after dropping some of their dubious claims before they could even be tested,” said Davis Councilmember Dan Carson.
 
Carson stated, “After 11,638 voters approved Measure J and the Nishi project, the appellants then defied the will of the voters and filed a motion specifically asking that the Measure J/R vote of the public be set aside.  I am glad to see the decision of the voters will finally be carried out so that we can take another major step forward to provide critically needed housing for our students and our community."
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For more information, contact Barbara Archer, 530-44-3418, barcher@cityofdavis.org
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