Judge Requires New Evidence in Stadium Suit

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The parties in a lawsuit objecting to proposed development near Memorial Stadium will have to submit further expert evidence to support their arguments, a judge ruled Wednesday afternoon.

This ruling comes after the Panoramic Hill Association and California Oak Foundation, two of the three plaintiffs in the case, asked the judge to reconsider her request for more evidence.

A final ruling in the case is now expected by mid-March, more than a year after three groups-including the city of Berkeley-filed lawsuits against the University of California over a proposed athletic center near the stadium.

In a partial ruling on Dec. 10, Alameda County Superior Court Judge Barbara Miller found that the center may be subject to the Alquist-Priolo Earthquake Fault Zoning Act of 1972 banning construction near active earthquake faults.

To help determine if the proposed athletic center is a separate structure from the stadium, Miller requested that the plaintiffs and defendants submit expert architectural evidence.

But two plaintiffs asked the judge to reconsider, saying the case should only be based on the documents that were presented to the UC Board of Regents when they approved the plan in December 2006.

However, in her order yesterday, Miller said the plaintiffs in the case did not supply enough evidence for her to reconsider her original request.

"Petitioners have not presented any new or different facts, circumstances or law that would justify reconsideration," the order states.

Michael Lozeau, an attorney for the Panoramic Hill Association, said he was prepared for the case to go forward.

"We're going to do our best to get some solid expert evidence to the judge," he said.

Mike Kelly, a board member of the association, said earlier this week that his group has already made contact with an architect to develop the evidence, but would not specify who.

Dan Mogulof, the campus' executive director of public affairs, said it was likely the campus' evidence would include a variety of sources, but Ed Denton, the vice chancellor for facilities services, would be a chief contributor.

The parties will have until Feb. 22 to gather and submit the expert evidence. There will be a hearing on the new material March 7.


Will Kane is the assistant city news editor. Contact him at [email protected]

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