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Greenbelt Alliance In the News

March 19, 2005

Lagoon Valley suit threatened

An attorney representing Friends of Lagoon Valley, a group that formed last summer to oppose development in the southwestern Vacaville area, submitted a letter of intent Thursday to file suit against the city and developer Triad Communities. Triad is also developing Vallejo's downtown.

The attorney, Stuart M. Flashman of Oakland, said the suit likely will be filed next week.

"The main purpose of this letter is to say, "Hey, everything's not fine,"' Flashman said.

Friends spokeswoman Marian Conning said this should come as no surprise.

"It was a serious decision, but it was an easy decision," Conning said.

"We continue to believe we are right on this and the community expects us to continue to fight."

Conning said the legal battle will be paid for through fund-raising efforts.

Triad president Fred Grimm said he's disappointed.

"To be slapped by a small gang of obstructionists who won't listen to anything is disappointing after a very laborious effort," Grimm said. "They don't have any accountability. They don't have to answer to anybody."

Jerry Hobrecht, Vacaville's city attorney, said he saw this coming, but is disappointed nonetheless.

The city attorney said that given the brevity of Flashman's letter, which was two sentences long, it was hard to refute claims that could be made in court.

The letter states that the approvals made by the City Council in the last several months are inconsistent with the city's general plan and the 1991 Lower Lagoon Valley Policy Plan.

Flashman also wrote that the city would be violating state law regarding density bonuses, should the 1,025 homes designed for the land be built.

David Levy, the attorney representing Triad, agreed with Hobrecht that he sees no merit in claims made by Friends.

"We think the city did everything right and by the book," Levy said.

The suit by Friends would be the second regarding Lagoon Valley development in two years.

In the summer of 2004, the Greenbelt Alliance sued the city and Triad, alleging that the developement - which then called for 1,300 homes - wasn't legal.

The settlement in that suit, reached in December, decreased the number of homes, increased the acreage of open space to be donated by Triad and set up a process by which an urban limit line will go before voters.

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