I just received this email. Attached is the City of Berkeleys amended complaint, describing the Post Offices violations of NHPA (historic preservation) and NEPA (environmental considerations). It asks the judge to prevent the sale of the property until such time as the USPS fully complies with NHPA and NEPA. (both via a judgement of he court and by an injunction. It is not absolutely clear to me whether the City is asking for an immediate injunction but the language suggests that it is) Along with the document, Mr. Rossman (attorney for the City) sent me the updated court schedule: Jan 22 - deadline for USPS to bring a motion to dismiss the lawsuit Feb 12 - deadline for City of Berkeley to submit a response to a motion to dismiss Feb 26 - deadline for USPS to respond to Berkeleys response Mar 19 - hearing on the motion to dismiss It is still not absolutely clear to me whether the 45 day rule is still in effect (the USPS agreed in December, when the original temporary restraining order was dismissed because Hudson-McDonald withdrew, to give 45 days notice before entering into a final sales agreement) but Im guessing it is. Should the USPS try to pull a fast one I assume the City could easily get another TRO but that is only speculation. A quote from the lawsuit: Unless this Court enjoins defendants from relocating or selling the Berkeley Main Post Office without first complying with both NEPA and NHPA, plaintiff City of Berkeley and its governing City Council will suffer irreparable injury. Such injury includes loss of service to them and all Berkeley citizens of use of the Post Office, loss of access to the architectural and artistic features of its interior lobby, diminution (if not outright removal) of its contribution to the Berkeley Civic Center Historic District, conflict with local land use regulation, and ultimately a weakening of the integrity of the City’s century of planning for Downtown Berkeley.
Posted on: Thu, 01 Jan 2015 00:51:57 +0000
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