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Plantiffs Suing UC To Stop New Center Pull Out

Posted: 8:20 pm PDT August 15, 2008

Three plaintiff groups who filed suit to try to stop the University of California, Berkeley from building a new sports training center next to its football stadium withdrew their bid Friday to have a judge reverse her most recent ruling in the case.

The City of Berkeley, the California Oak Foundation and the Panoramic Hill Association said they're withdrawing their motion for a new trial or a reversal of Alameda County Superior Court Judge Barbara Miller's July 22 ruling "in the interest of the court, the parties and judicial economy."

In a one-page filing, the plaintiffs said UC Berkeley officials have complied with state law in one aspect of the university's proposed 158,000-square-foot project, which is projected to cost $140 million.

However, Michael Lozeau, the attorney for the Panoramic Hill Association, which represents homeowners who live near Cal's football stadium, said other important issues remain and Miller will have a show cause hearing on Aug. 25 on whether she should enter an amended judgment in the case.

"We are very pleased" that the plaintiffs withdrew their motion, UC Berkeley spokesman Dan Mogulof said.

"We believe this action takes us one step closer to the end of the legal process and the beginning of construction activities," Mogulof said.

A UC Board of Regents committee approved building the sports training center next to the university's football stadium, which sits on the Hayward earthquake fault, on Dec. 5, 2006.

Shortly afterward, a group of people began living in a grove of oak trees next to the stadium to protest the project because it calls for tearing down most of the trees. Several protesters remain at the site.

In addition, the three plaintiff groups filed suit against the university in late December 2006.

Miller issued a preliminary injunction on Jan. 29, 2007, which temporarily halted the project.

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