Davis Trackside trial court ruling overturned – Daily Democrat

The California State District of Appeals Third Court of Appeals ruled in favor of the city of Davis, overturning a trial court ruling that the city’s approval of the Trackside project should be set aside and canceled.

The Trackside Project is a 27-unit mixed-use urban infill project located on half an acre of mixed-use zoned land in a transition area between downtown and the residential Old East Davis neighborhood, according to a press release from the city.

“Prioritizing infill projects has been a priority of Davis’ land use policy as we promote them through our various adopted policy documents,” said Deputy Mayor Lucas Frerichs. “Bringing extra people downtown to live, work and recharge, a short distance from our main transit hub at the train station, is good for our environment and our economy, and it’s also something that we want to encourage more in the future. “

The Old East Davis Neighborhood Association filed a lawsuit against the city and the Trackside Center on November 17, 2017 after city council approved the project. The Yolo County Superior Court ruled in favor of the plaintiff on May 15, 2019. The decision was then appealed to the Court of Appeal.

“In summary, we conclude that substantial evidence supports the City’s approval in that” we fail to conclude that a reasonable person could not have reached the same conclusion “on the basis of the evidence presented to the city, ”the ruling said. “The city therefore acted at its discretion and the trial court erred in rescinding its approval of Trackside. “

Mayor Gloria Partida said she was happy to see that the project was able to move forward since the decision was overturned.

“The Court of Appeal supported the city council‘s decision to review the staff’s comprehensive analysis of the municipal policies adopted and to take action after focused deliberations,” Partida said. “I look forward to seeing a project move forward that will bring more vibrancy and residents to downtown Davis. “

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