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Frequently Asked Questions (FAQ)

  1. Why was the lawsuit filed?

    The suit alleges that the City Council breached its civic responsibility to the citizens of San Diego by approving the project.s various permits without proper consideration of the California Environmental Quality Act (CEQA), the San Diego Municipal Code, the Community Plan and past Council actions. It further alleges that the City Council failed to consider the findings required for project approval, failed to require an Environmental Impact Report, neglected to consider alternatives for use of the site, and violated its fiduciary responsibility to taxpayers by setting a price substantially below fair market value without benefit of any ongoing property tax revenue.

  2. How can I find out more about the lawsuit?

    It is surprising that very few people know about the lawsuit. To increase awareness of the merits of the lawsuit we have been conducting small informational coffees. These coffees are in the evenings, in a given neighborhood. The attendees are encouraged to ask questions. If you would like to attend a coffee or host one, please send an email to info@TRLU.org.

  3. How is this lawsuit different than previous suits regarding Site 653?

    Previous legal action to preserve Site 653 failed primarily because the City had reached no concrete decision on the issue. The resulting ruling stated that no further action could be taken as plans for the site were still in the exploratory phase. This is no longer the case. The City Council has made a firm decision to sell the land, vacate a portion of a public street and cul-de-sac, and permit the construction of a 12,000+ square-foot student center. These are the decisions that the current suit contests.

  4. Where is Site 653?

    Site 653 is a 3/4-acre (33,000 square feet) triangle of land near the intersection of La Jolla Village Drive and Torry Pines Road across the street from the south-west corner of the U.C. San Diego Revelle College campus in La Jolla.

  5. What are the chances of success?

    State law is quite clear regarding the requirements that must be met for approval, including the need for an Environmental Impact Report. Letters from the San Diego City Attorney.s office confirm the need for such a report, but the City never required one, nor did the City Council follow the requirements laid out in the City.s own Municipal Code or Community Plan. In a dissenting opinion, Councilmember Donna Frye, who alone on the City Council addressed the issue of findings, said that none could be made. With such evidence as this, the odds of succeeding in the suit are high.

  6. What is the timeline?

    The hearing for a preliminary injunction to halt the City.s sale of the land will be held November 6, 2006. The case regarding the City Council.s erroneous approvals will begin March 1, 2007. A hearing is scheduled for Monday, March 19, 2007 at 9:00 AM in San Diego Superior Court. (Please see the TRLU News page for the lastest information.)

  7. Who is the attorney?

    Marco Gonzalez from the Coast Law Group of Encinitas. Mr. Gonzalez has successfully negotiated and litigated complex disputes on behalf of numerous non-profit environmental organizations and community groups throughout California. The firm represents San Diego Coastkeeper and the Surfrider Foundation and recently won a $82 million judgment against the City of San Diego for sewer maintenance. More information can be found at www.coastlawgroup.com.

  8. How can I help?

    We need donations. Unlike campaigns to support or oppose a project working its way through the City approval process, this matter is now in the hands of attorneys to work out the details of city and state land-use law. This process, however, is not cheap and we need donations to cover the costs of litigation.

     
    Please send checks to:

    Taxpayers for Responsible Land Use
    P.O. Box 523
    La Jolla, California 92038

    Or just contact us via email at info@TRLU.org and we will be happy to pick up your donation. You will receive a thank you letter acknowledging your contribution. Thanks for your help!
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