Friends of Lagoon Valley fight on
Opponents of a plan to develop the bucolic area say they will ask the state supreme court to take up their case.
By Jennifer Gentile/Staff Writer
09/27/2007

Opponents to development in Vacaville's Lower Lagoon Valley will ask the California Supreme Court to hear their case, a spokeswoman for the grassroots group confirmed Wednesday.

Friends of Lagoon Valley, which has long fought against the development of a more than 1,000 homes, a golf course and a business village in the valley, has asked its Attorney Stuart Flashman to petition the state's highest court.

"We had a long, thoughtful conversation and arrived at a clear consensus that we really want to do everything in our power to stop this subdivision," said group spokeswoman Marian Conning. "We feel we are the stewards of many people's hopes for Lagoon Valley and we continue to believe that our arguments have merit."

The group made a similar argument in a news release Wednesday, which stated, "the decision to petition the Supreme Court for review represents FLV's latest effort to prevent a development that members believe will contribute to increased flooding along Alamo Creek in south Vacaville and will create more traffic snarls on Interstate 80. With this decision, Friends of Lagoon Valley call attention once again to the developer-driven process of the Vacaville City Council, which ignored the wishes of (more than) 6,000 registered voters in the city of Vacaville who asked for a vote on this issue."

The group has lost two court battles since filing a lawsuit against the city and developer Triad Communities in 2005. The First District Court of Appeal heard the matter in August and upheld a November 2005 decision by Judge Donald Fretz. He ruled that the city acted legally and within its authority when approving development in the valley.

The group has contended that the city misapplied laws related to density bonuses, whereby developers are granted additional home sites for providing amenities like housing that is affordable for low-income, moderate-income and senior residents.

Conning acknowledged that the Supreme Court "may or may not accept this; they pick and choose." She added that the group will be asking the court to only look at the issue of density bonuses.

According to Flashman, the Lagoon Valley case "is what's called a case of first impression," which is a case concerning an issue never deliberated or decided by that court.

"It may be the sort of issue the Supreme Court feels it wants to weigh in on," Flashman said.

From the city's perspective, Assistant City Attorney Melinda Stewart said the news is "a little disappointing and a little surprising. We really feel the trial court and the appeal court got it right."

Stewart also said she would be surprised if the Supreme Court heard the matter, as they accept only a small number of cases.

"The court of appeals decision really addressed all of the issues and was very well-reasoned, in our opinion," she said.

Flashman said the petition must be filed within the next week-and-a-half.

The court battle is part of a "two-pronged approach," Conning explained, as the group will also be weighing in on the U.S. Army Corps of Engineers permitting process, the U.S. Fish and Wildlife Service review, the Regional Water Quality Control Board review and "other environmental issues related to the proposed project."

Jennifer Gentile can be reached at vacaville@thereporter.com.

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