Tag Archives: McKinley Village Lawsuit

Lawsuit Against McKinley Village – Appellate Court Hearing Set

Below is information from East Sacramento Partnerships for a Livable City regarding their suit against McKinley Village, including a link to the legal brief.

Dear Friends and Neighbors,

The lawsuit brought by East Sacramento Partnerships for a Livable City (ESPLC) to protect our neighborhood and future residents from the dangers of the McKinley Village project will be heard on Monday, September 19, 2016. ESPLC will present oral argument to a panel of judges at the Court of Appeal in Sacramento.

ESPLC pursued legal action after all attempts failed to persuade our City leaders to put the interests of City residents above special interests of developers. ESPLC continues its advocacy for first preserving, protecting, and improving environmental quality of life for residents throughout Sacramento. Common sense reveals the dangers and irresponsibility of approving a residential housing complex on an island of land surrounded by a major freeway on one side, high‐volume railroad tracks on the other, and bordering a former landfill:

• Increased cancer risks up to 12 times the accepted standard.

• Noise and toxic air particles from the anticipated 100 trains per day that require installation of air filtration units inside all of the homes and will render the outdoor portions of these residences, and project playgrounds, virtually unusable.

• An additional 1.2 million vehicle trips per year generated by this car‐dependent project through our already‐congested neighborhood.

• Potential methane contamination from the adjacent landfill site and inadequate monitoring systems that two independent agencies have described as not “fully effective in detecting and/or controlling landfill gas migration.”

These dangers, and many others, are simply too grave to ignore, and will never go away. ESPLC encourages you to join in support of our advocacy for common sense and for a fair and just public process by attending the oral argument before the Court of Appeal and by reading ESPLC’s attached legal brief. The oral arguments are open to the public and typically last less than an hour.

Legal Brief

When: September 19, 2016

2:00 p.m.

Where: Court of Appeal of the State of California (Third Appellate District)

Stanley Mosk Library and Courts Building

914 Capitol Mall, First Floor

Sacramento, CA 95814

Case Name: East Sacramento Partnerships for a Livable City v. City of Sacramento, et al.

Case No. C079614

For those attending the hearing, please plan to arrive by 1:30 PM.  We have visited the Court and spoken to the security officers about procedures.  Business or business casual attire is appropriate.  Electronic devices (including cell phones), food, and drinks are not allowed.  Visitors are asked not to speak once inside the courtroom and proceedings have started.
The parking lot closest to the Library and Courts Building is the City Parking Lot on L Street between 10th and 11th Streets.  Entrance is on 10th Street between L and K Streets.  Payment is collected by credit card at the “Pay Here” machine on the 10th Street side, or by cash on the 11th Street side.  (It is a large facility used by downtown employees but usually has plenty of room.)
For your support of our neighborhood efforts to preserve and to protect the quality of life for all people within the City of Sacramento through advocacy of common sense and a fair and just public process.


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