Judge Grillo’s tentative ruling is against local autonomy, however, the Judge is in possession of the information he requested at the hearing and has not yet made a final ruling. Anticipation builds as to what the Superior Court will do…
On Friday November 7, Alameda County Superior Court Judge Evelio Grillo issued a tentative ruling denying Petitioners’ request for the issuance of a writ of mandate halting implementation of the One Bay Area Plan in the matter of the Association of Bay Area Governments’ (ABAG) restructure of local government.
On Monday November 10, a hearing was held to discuss this tentative ruling. Petitioners’ counsel focused on the statutory requirement that the Sustainable Communities Strategy be “feasible”. The definition of feasible includes the requirement that greenhouse gas reduction be achieved within a reasonable period of time. In its briefing, ABAG never presented a feasible plan nor addressed the issue of the timing for their “Strategies” implementation. Currently, ABAG merely concludes the project is feasible despite the fact that their planning consultant offered no evidence to support ABAG’s conclusion. ABAG recites a number of new laws will have to be passed before the Plan can be fully implemented. This list includes gutting Proposition 13, the California property tax limitation enacted by voters in the ’70s. Is that feasible? ABAG offers no timetable for a feasible plan designed to transform the Bay Area in accordance with the “Strategies” law itself.
Further, consider: ABAG’s judicially relevant assertion that their funding of One Bay Area (OBA) is 5% of federal funding issued to this geographic area. This perspective misleads the relevant fact that ABAG funding of OBA totals 50% of all discretionary federal payments to this area! As a consequence, cities and counties are coerced into participation by the force of these lost dollars.
Read the Tentative Ruling, Hearing Transcript, Attorney Timothy Kassouni’s Supplemental Brief, and more at:
Be sure to also read Kassouni’s “Seven Reasons Why Plan Bay Area is Illegal & Bad Policy for California.”
The GlobalizationOfCalifornia website has been redesigned. Be sure to check it out for information on the lawsuit, billboards, and the outstanding conference video The Globalization of California!
Stay tuned for more information on the lawsuit to Stop Regional Government! Understand how COGs (Councils of Governments) have reinvented American government. Then help save the country!
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