The Coalition of Concerned Citizens of Point Richmond ("CCC") have sued the City of Richmond and Toll Brothers over the Terminal One/Point Richmond Shores project. The City was served yesterday afternoon.

 

The complaint alleges multiple causes of action.  Essentially, CCC is alleging: (1) the EIR is defective; (2) the project is inconsistent with the General Plan and other City policies; (3) the General Plan amendment was not properly adopted; (4) the City violated the Public Records Act by not responding to CCC's document requests; (5) the City made a gift of public funds by approving the project with more units than contemplated by the LDA; (6) the City violated state law by not offering the Terminal One site to other government agencies before entering into the LDA; and (7) the project violates the Redevelopment Law by not offering affordable housing.

 

The City's move will be to tender the defense and indemnity of this action to Toll Brothers. 

 

Sources from the Coalition of Concerned Citizens indicate that they are fully prepared to continue the charrette process and, in fact, remain optimistic about the outcome. However, the litigation needs to be filed to protect their legal rights in case the effort to resolve their differences with Toll Brothers and the City falters. Even in litigation, it is likely that the courts would force compel some kind of mediation process, anyway.