San Francisco Chronicle: Cal can't clear trees until at least Aug. 25

UC Berkeley's plan to build a new sports training center in the Memorial Stadium oak grove hit another roadblock Thursday when an appeals court referred the matter back to the trial court.  The state Court of Appeal denied an appeal by oak tree supporters and a neighborhood group, saying the move was premature because the final judgment from the trial court in Alameda County is unresolved. A hearing is set for Aug. 25 at Alameda County Superior Court in Hayward. Meanwhile, it appears that an order preventing the university from beginning construction on the $124 million training center will remain in effect at least until Aug. 25, attorneys from both sides said Thursday.

"The trees will remain standing, at least for now," said Stephan Volker, an attorney for oak tree supporters seeking to stop the project. "We are gratified the court of appeals has vindicated our position requesting the trial court to reconsider its position."  Alameda County Superior Court Judge Barbara Miller ruled last month that the university's plan mostly complies with state earthquake and environmental laws, and gave the university 30 days to fix the unresolved issues. An appeal is premature until the 30 days expires Aug. 21, the appeals court ruled.

"While additional delays are regrettable considering the costs the university is incurring with every passing day, we remain confident that the legal issues will soon be resolved and we can commence construction of the new facility," campus spokesman Dan Mogulof said.  The university is eager to clear the oak grove, where a handful of tree-sitting protesters have been living since December 2006, before the Cal football team's first home game Aug. 30. About 70,000 fans are expected to filter through the area, which is largely fenced off as a result of the protest.

The city of Berkeley, the Panoramic Hill Association and a group of oak tree advocates filed suit in December 2006 to stop the training center because of safety and environmental concerns. The city of Berkeley has not joined the appeal, but the City Council could reconsider the matter after finishing its recess.  The university said that construction delays and security costs have totaled more than $16 million since the lawsuits were filed.