Injunction Preventing Construction at Oak Grove Extended

Parties Appeal Judge's Decision in Athletic Center Suit

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Construction of an athletic center near UC Berkeley's Memorial Stadium will experience another delay, now that two parties involved in lawsuits challenging the project have formally filed appeals.

The injunction halting construction of the center at the site of the oak grove adjacent to the stadium will be extended by another 20 days, lasting until at least August 13, according to Dan Mogulof, UC Berkeley's executive director of public affairs.

The Panoramic Hill Association and the California Oak Foundation filed appeals Thursday after Alameda County Superior Court Judge Barbara J. Miller ruled on Tuesday that the campus could move forward with construction plans.

Since Miller's ruling, California Oak Foundation lawyer Stephen Volker has been vocal about his party's intent to appeal the decision and seek another injunction to prevent construction at the oak grove. Officials in the city of Berkeley, the third petitioner in the lawsuits that were raised in December 2006 against the university, have not announced whether they plan to appeal Miller's decision.

To form a case for an appeal, the appealing parties must show that Miller was faulty in her ruling and explain why they think another injunction is necessary. The 20-day extension will allow the appealing parties to prepare materials and arguments for their case.

"I think the court has chosen a very responsible course of action that will allow the appeals to proceed in an orderly fashion," said Doug Buckwald, spokesperson for Save the Oaks at the Stadium.

Mogulof said the university's counsel is prepared for any appeals made by the petitioners in the case.

"The university is going to be ready with a strong response to any challenges to either the verdict or any attempt to have injunction extended," he said.

Angelica Dongallo is the news editor. Contact her at [email protected]

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