Judge Joseph Huber, after last Friday’s hearing (July 25, 2014) on the merits of the lawsuit filed by Friends of the Willow Glen Trestle, sided with the plaintiffs. Yesterday July 27, he directed the City of San Jose to prepare an EIR prior to taking any action on this project. According to attorney Susan Brandt-Hawley, “The EIR will analyze the trestle’s historic status and rehabilitation for use as part of the trail, all within a public process. If rehabilitation is feasible, demolition is unlawful.”
This lawsuit involved issues regarding to what extent an agency must do due diligence when reviewing historical evaluations. The City of San Jose might appeal the ruling if the City Council wants to pursue their interpretation of the California Environmental Quality Act. We will try and locate an online copy of the ruling and post a link in the next few days.
The 7/29/2014 news item from the San Jose Mercury News can be linked to from here.