Attorney General Files Brief Supporting Livermore In Housing Dispute

LIVERMORE, CA — California Attorney General Rob Bonta filed an amicus brief Tuesday supporting the city of Livermore’s request to dismiss or expedite the review of an appeal challenging Eden Housing under the California Environmental Quality Act.

The community group Save Livermore Downtown filed the lawsuit in June 2021, just after the City Council unanimously approved the 130 units of affordable housing. The suit alleged that the project is not consistent with Livermore’s downtown plan and was not subject to the required environmental review process.

Alameda County Superior Court denied the lawsuit in February, and the group filed an appeal in April, according to the Livermore Vine. Bonta said that the continued delay threatens the project’s funding and is a misuse of CEQA.

“Timing is critical for affordable housing projects, which often rely on time-sensitive funding sources like tax credits to finance development,” Bonta said in a statement. “The project at issue in this case would bring desperately needed affordable housing to the City of Livermore, and I commend the City for its efforts to address the housing needs of its community. Our state is continuing to face a housing shortage and affordability crisis of epic proportions. CEQA plays a critical role in protecting the environment and public health here in California. We won't stand by when it is used to thwart new development, rather than to protect Californians and our environment.”

Save Livermore Downtown did not return requests for comment.

Last week, another group opposed to the development called ‘Move Eden Housing’ filed a separate lawsuit in Alameda County Superior Court against the city to demand the approval of an 8,000-signature strong petition. Controversy ensued when Livermore City Clerk Marie Weber denied the petition, claiming the matter was not eligible for a petition because it was of an administrative rather than political nature.

Livermore Mayor Bob Woerner and Livermore City Attorney Jason Alcala both told the Livermore Vine they agree with Bonta and appreciate his support.

"Speaking for myself, I believe it is unconscionable for a wealthy elitist and her small group of close associates to use frivolous lawsuits to block much needed affordable workforce housing. I’m pleased that the Attorney General is supporting Livermore’s and Eden Housing’s efforts to expedite the appeals process. Many deserving families have been waiting far too long," Woerner told The Vine.

Alcala said he concurs with Bonta’s assessment that the lawsuit is “an abuse of the CEQA process.” He also said he expects the court will find the latest lawsuit “meritless.”