Thursday, April 30, 2015

An Update on the MCA legal action on the SEIR.

Dear MCA Supporters:

Yesterday morning, Attorney Michael Graf (for Plaintiff MCA) and David Zaltzman (for Respondent County of Marin) appeared before Marin County Superior Court Judge Roy Chernus to present oral arguments and responses to the Court’s specific questions of the Tentative Ruling. The Court Hearing, which lasted nearly two hours, was well attended by members of the public.  At the conclusion, Judge Chernus announced that the Court would render its Decision at a future date.

A Court Decision will be available on an unspecified date, sometime within thin the next 90 days.


Michael Graf expertly answered Honorable Judge Chernus’ questions and gave compelling argument in support of this lawsuit, which is outlined in his Opening Brief and Reply Brief (posted on www.
I was particularly amused by the animated debate David Zaltzman gave on two points.   First, he suggested that MCA conceded our claim against the county’s up zoning of 5000+ acres.  We did not.  This highlights though one of many egregious actions of the county and particularly the board of supervisors (BOS) in certifying their Countywide Plan (CWP) Amendment of 2012.  This amendment up zoned over 5000 acres of land all over Marin without proper notice nor CEQA review.  The county called it a “technical correction” but it was a most egregious and illegal action by the BOS to approve it.  Citizens should REMEMBER that when they go to the ballot box next time they vote.

Second, he said citizens of Marin should be grateful George Lucas is building affordable housing in Grady Ranch, soon after he conceded that the maximum units studied under the master plan for the George Lucas Film Complex was only 40 not 240 units.  Grady Ranch was never studied for 240 residential units in the CWP Environmental Impact Report (EIR), which they tiered off for the Housing Element Supplemental EIR.  Thus one of the reasons MCA challenged the validity of the BOS certified SEIR.  If you recall the judge’s tentative ruling, this issue was the only question Mr. Zaltzman was asked.

Mr. Zaltzman himself singled out George Lucas, one citizen out of 260,750 Marin residents affected by the actions of the county, as someone Marin should be grateful for?
We will keep you informed!

Thank you for all of your support, and thank you to all those who were able to attend this important Court Hearing yesterday!  Have good thoughts for MCA that the Lady Justice will do what she does best.

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