Lawsuit Filed Following Council's Denial Of 220-Unit Project

From the City of Dublin: On May 1, 2018, the City of Dublin, Mayor Haubert, and the members of the City Council received a lawsuit filed by Ashton at Dublin Station, LLC, the owner/developer of property within the Dublin Transit Center adjacent to the Dublin/Pleasanton BART Station. The lawsuit arises from the City Council’s unanimous March 6, 2018 denial of the developer’s proposed 220-residential unit project.

The lawsuit makes 11 separate claims that the denial was unlawful. The claims include allegations that the denial violated the Housing Accountability Act [California Government Code section 65589.5(k)], violated the Development Agreement to which the City and Ashton are parties, discriminated against persons based on familial status under the federal Fair Housing Act (42 U.S.C. section 3604) and the state Fair Employment and Housing Act (California Government Code section 12955), is a regulatory taking under the United States Constitution, and violated the developer’s rights under the Due Process and Equal Protection Clauses of the United States Constitution. The lawsuit seeks a court order invalidating the denial, approving the project, and awarding monetary damages and the developer’s attorneys’ fees.

The lawsuit will be handled by the City’s legal counsel, Meyers Nave. The City Council is carefully considering its response. The City and its counsel will have no further public comment at this time.

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