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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 Court of Appeal on Dec. 21, 2012 "reverse[d] the decision of the superior court refusing to sustain the demurrer to the Second Amended complaint in its entirety" and directed dismissal.
Deputy City Attorney Marlena Burn clarified a point of contention: the trial court had found that the developers had alleged an exception to the requirement that they exhaust administrative remedies by appealing to the Board of Supervisors; Burn said the developer had not appealed to the Board, and the legal issue was whether the complaint alleged a judicially recognized exception to exhaustion. "They had not tried to appeal that decision to the Board of Supervisors," Burn said.
Public comment following the legal update included neighbors and preservation advocates who described safety concerns and alleged damage to historic fabric at First St. John's United Methodist Church. Rowena Jen, an adjacent neighbor, said parts of the building "fell off the roof" and she feared for pedestrians, and other residents alleged removal of windows, missing electrical systems, and vandalism; Friends of First St. John's urged the city to continue defending the Planning Commission's decisions in federal court.
Why it matters: the appellate ruling narrows the state-court path for the property owner and project sponsor, but neighbors pressed the commission and the city to pursue enforcement and to continue to defend past administrative decisions in federal litigation. The matter remains active in federal court and as an enforcement concern for city agencies.
Next steps: the City Attorney's office said it has moved to dismiss the federal action and will respond to oppositions; the commission and neighbors requested the City continue to defend the commission's prior determinations and to pursue enforcement remedies where code violations were alleged.
