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McKinley Village Lawsuit Update

Slide5McKINLEY VILLAGE

An update for the Neighborhood

PRIOR TO GROUNDBREAKING AT THE McKINLEY VILLAGE PROJECT SITE, neighbors – both individually and united through neighborhood associations – expressed their deep concerns about the accuracy and thoroughness of the Draft Environmental Impact Report (DEIR) required for the project to go forth. Enormous amounts of organization, research and time were dedicated to our attempts to be heard by City leaders.

A DEIR is published, in part, to inform the public about a project, allowing and requiring sufficient mitigation measures that address the areas of the DEIR that are of concern. Some examples, in the case of McKinley Village, were a designated and granted access point to the development, various unapproved changes to the General Plan, and traffic impact on the surrounding area. Other areas of concern pointed out the dangers of building homes at a location surrounded by a former landfill, a congested freeway, and busy railroad tracks. After all other options were exhausted, and as a last attempt to be heard, East Sacramento Partnerships for a Livable City (ESPLC) was compelled to file a lawsuit on behalf of the neighborhoods most negatively and directly impacted by the McKinley Village project. Specifically, as ESPLC’s legal brief explains, the approval of this development violated the California Environmental Quality Act (CEQA) and was inconsistent with the City’s own General Plan.

WHILE A LAWSUIT IS ALWAYS AN OPTION OF LAST RESORT, in this case it was necessary to ensure that we had done everything possible to protect our community from the misguided and dangerous McKinley Village development.

ON MAY 16, 2016, ESPLC filed its final legal brief in its ongoing effort to expose the process by which our City leaders are abdicating their responsibility to protect current and future residents in favor of developers.

DEVELOPMENT PLAYS A NECESSARY AND IMPORTANT ROLE in the evolution of any community. Done correctly, with a commitment to a fair and just process in which those most directly impacted have a voice in the outcome, development can serve the interests of the public by enhancing the quality of life for all residents. This is our goal. We invite everyone – residents, elected officials, developers, public health experts – to join us as we strive to make this goal a reality.

The lawsuit decision now rest with the court of appeals. The document was filed on May 17, 2016.

THE ENTIRE LAWSUIT IS NOW IN THE PUBLIC RECORD.

Reply Brief Final

 

 

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East Sacramento and McKinley Village: Keep those yellow signs up! A lawsuit has been filed!

Not so fast! A lawsuit has been filed against McKinley Village. Read the Bee article below.

Foes of McKinley Village file legal challenge 

Published: Friday, May. 30, 2014 – 7:20 pm

Foes of the planned McKinley Village subdivision in east Sacramento filed a lawsuit Friday challenging the city’s environmental review process and its decision to build 336 homes on a site it says is better suited to heavy industry.

The Sacramento City Council approved the project April 29 by a 6-3 vote, praising its design and the work done by developers, led by former state treasurer Phil Angelides, to address numerous concerns of neighbors and officials.

But in a complaint filed in Sacramento Superior Court, a group called East Sacramento Partnerships for a Livable City alleges city officials failed to adequately address air quality,traffic congestion and other issues associated with the project. The council’s approval of McKinley Village violated the California Environmental Quality Act and city zoning laws, the group claims.

“Although the Project was promoted by the Developer as a sustainable ‘infill’ development project, in reality, it consists of wedging a residential complex into a corner of the City that is utterly inappropriate for that use,” the complaint says.

“The Site is adjacent to a landfill site and surrounded by the Capital City Freeway (I-80) on one side and by the Union Pacific Railroad’s elevated embankments and tracks on the other side. As a result, future residents of the Project will be exposed to unacceptable health and safety risks.”

The complaint asks the court to order the city to rescind its approval of the project, to prepare a revised environmental impact report and to issue an injunction halting its progress.


Call The Bee’s Hudson Sangree, (916) 321-1191.

• Read more articles by Hudson Sangree

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