October 9, 2024
Citizens for Balanced Growth has filed a lawsuit in Alameda County Superior Court due to improper conduct relating to open space funding. The Dougherty Valley Settlement Agreement fund is administered by Livermore and is supposed to be spent on open space protection in accordance with a set of procedures. These procedures were not followed and money was spent, even after city staff were made aware that they were breaching the terms of the Agreement. Here is a link to the complaint.
This is not the first time City staff have failed to properly manage this money. In 2019, Save the Hill group sued Livermore for a different reason. That time, it was for ignoring the fund when it was readily available for protecting Garaventa Hill from undesirable urbanization. Our current lawsuit may even complicate the City’s ability to comply with the 2023 ruling against them and affect how long it will take them to fully resolve their violation of the California Environmental Quality Act and the court order in that case.
The current lawsuit was filed because City staff recommended to use the DVSA fund to purchase property without a required consultation with CBG. Staff were fully aware that they would be breaching the Agreement, but went ahead and did it anyway, brushing aside our required oversight role.
Essentially, Livermore trapped CBG in a “catch 22” situation, wanting us to support multiple property purchases, but denying us the details we needed in order to analyze the nature of the expenditures and the terms of the sales. The suit seeks to force staff to follow the proper procedures and ensure there is a mechanism in place to keep this problem from happening again. We are confident the Court will judge the facts of the case in our favor.
Once the Fund is again operating normally, it will be able to once again be used for its intended purpose of acquiring open space land that benefits all of us, as well as future generations.
Founded by a group of concerned residents including local legends Don Miller and Margaret Tracy, CBG has achieved many beneficial environmental outcomes along the way since 1982. We continue our vital work in any capacity where we can be helpful, and effective.