Court rejects lawsuit to block East Bay affordable housing project

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Court rejects lawsuit to block East Bay affordable housing project
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An appeal could be in the works that would further delay the housing plans.

LIVERMORE — An Alameda County judge has struck down a legal challenge against Livermore and a housing developer, which was aimed at blocking an affordable housing project planned for the city’s downtown, though an appeal could further delay the plans.

However, Alameda County Superior Court Judge Frank Roesch ruled late last week in favor of the city and Eden, which have both said they believe Save Livermore Downtown’s lawsuit is aimed squarely at delaying or stopping the housing project altogether. Last fall, Roesch also sided with Eden Housing in this case, when it asked the court to require Save Livermore Downtown to post a $500,000 bond for damages caused by its lawsuit.

The group appealed the bond order decision to the state’s Court of Appeal, which denied its challenge. “The delays created by this action required Eden to return a $68 million award of Low-Income Housing Tax Credits. Had we been able to retain that award, we would be starting construction later this year. Instead, we will be starting over to apply for this funding,” she said.

“With all due respect, we think the court got it wrong,” King said in an emailed statement to this news organization.

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