Stadium opponents file appeal

0 Comments | Oakland Tribune, Aug 28, 2008 | by Doug Oakley

BERKELEY --Two groups defeated in a lawsuit against UC Berkeley's plan to build a $125 million athletic training center near an earthquake fault appealed the ruling Thursday to the state court of appeals.

In the first step of the appeal, the California Oak Foundation and the Panoramic Hill Association will ask the court to forbid construction of the facility until the court begins deliberations on the case, which could take 10 to 18 months, according to a statement from the two groups.

The court could make a determination on whether UC Berkeley can begin construction while it awaits the outcome of the case sometime in the next two weeks, according to Dan Mogulof, a UC Berkeley spokesman.

Until then, the school has agreed to voluntarily delay groundbreaking.

The two groups and the city of Berkeley sued the school in December 2006. When Alameda County Superior Court Judge Barbara Miller handed the three groups a defeat, the city of Berkeley decided to opt out of an appeal.

The California Oak Foundation and the Panoramic Hill Association still contend state law forbids the school from building the training center near the Hayward Fault.

Other issues the two groups are championing against the school's plan are noise and traffic from construction, the school's consideration of alternative sites to build the facility and the impact of cutting down 38 California Coast live oak trees.

UC Berkeley believes Miller's decision will hold up in the appeals process.

"Given the exhaustive and detailed nature of Judge Miller's ruling, we're optimistic the court of appeal will clear the way for construction in short order," Mogulof said.

Reach Doug Oakley at doakley@bayareanewsgroup.com