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Court backs city in 1601 Larkin fight; neighbors press for stronger enforcement and preservation
Summary
The California Court of Appeal reversed the trial court and ordered dismissal of the second amended complaint related to 1601 Larkin Street, the City Attorney's office told the Planning Commission. Neighbors and preservation advocates urged continued defense in federal court and pressed for enforcement and protection of First St. John's United Methodist Church.
City attorneys told the Planning Commission on Jan. 17 that the California Court of Appeal reversed the superior court's ruling and directed that the second amended complaint in the 1601 Larkin Street litigation be dismissed without leave to amend.
Tom Lachres of the City Attorney's office summarized the litigation history dating back to 2010: "In June of 2010 ... there was a motion to certify the EIR. It received three votes in favor, four votes opposed, so the motion failed," and the commission subsequently denied the conditional use authorization. Lachres explained that after a long briefing the…
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