Oakland Tribune: Judge must modify UC Berkeley sports stadium case

By Kristin Bender

The fight between UC Berkeley and two groups fighting to stop a sports training center from being built will drag on after the state Court of Appeal on Thursday left in place an injunction stopping construction. The case now returns to Alameda County Superior Court Judge Barbara Miller for further work and hearings.

The city of Berkeley, the Panoramic Hill Association and the California Oak Foundation sued UC Berkeley in December 2006 to stop it from building its $140 million sports training center, where 44 trees are planted.

People have been living in the trees since then, and at least three tree-sitters remain.  After a trial last fall, Miller ruled in Cal's favor in July, lifting a stop-work order that has been in place for 18 months. But last month the California Oak Foundation and the Panoramic Hill Association both appealed Miller's ruling. The city of Berkeley refused to join the appeal.  The California Oak Foundation also filed a motion for a new trial.

On Thursday, the appellate court wrote that the "preliminary injunction is not yet dissolved because final judgment in the case never took effect.'' For now, the injunction will remain in place "subject to future modification by the trial court, as appropriate." Had the appellate court ruled in Cal's favor, the injunction would likely have been lifted Wednesday.  The plaintiffs expressed satisfaction with the small win.  "We're pleased that the appellate court saw the importance of following correct procedures because we had the feeling that some of our rights were being overlooked," said Doug Buckwald, a member of Save the Oaks at the Stadium.

The Court of Appeal's ruling seems to mean the injunction will stay in place at least until Aug. 21, when Miller will issue a preliminary ruling on the plaintiffs' motion for a new trial.  A hearing on that issue is slated for Aug. 25.  "Although this additional delay is regrettable given the cost the university is incurring with every passing day, we remain confident that the legal process will soon conclude, allowing us to commence construction of the new athletic facility,'' said university spokesman Dan Mogulof.