BERKELEY, Calif. (KCBS) -- Opponents of UC Berkeley’s plan to clear dozens of trees from around Memorial Stadium to build a new training facility promise to appeal a ruling that allows construction to begin. The ruling by Alameda County Superior Court Judge Barbara Miller Tuesday also lifts the injunction blocking retrofit work of the existing campus stadium. Judge Barbara Miller decided that injunction would remain in effect for one more week to allow the opportunity for appeals.
An attorney for the California Oak Foundation said the organization, along with the city of Berkeley and the Panoramic Hill Association, could file their appeal as early as Wednesday. A group of protesters began living in the trees shortly after the UC Board of Regents approved building the sports training center on Dec. 5, 2006. Three protesters remain at the site.
Note from Blogger: Clearly Stephan Volker (UCSC undergrad, UC Davis Law) the attorney for the California Oak Foundation is in way over his head. He didn’t understand Judge Miller’s initial ruling in June, which is evident by his quote that he was "very pleased" with Miller's ruling and proclaimed, "We won." I wonder if he had a "Mission Accomplished" banner made.
Judge Miller has already ordered the plaintiffs to pay a majority of the court fees. Other than his vow to appeal, he has not provided any basis for such an appeal. He’s simply wasting more money. As I said before, DO NOT donate to the California Oak Foundation, which helped fund this frivolous lawsuit. Per their website, the "California Oak Foundation (COF) is a 501(c)(3) non-profit educational organization committed to preserving the state's oak forest ecosystem and its rural landscapes." How a landscaping project from the 1920's falls within this description is beyond me. Perhaps the State should re-evaluate their non-profit status.
I sincerely hope the plaintiffs get hit with a huge bill for the court costs.
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