The “Save Hillcrest” group, working with the non-profit organization Friends of San Diego, scored another victory in their year-old lawsuit against the 301 University project.
December 7th, the Superior Court awarded the group 80% of the legal costs incurred from last August’s win when the judge agreed that the project violated the law in seven ways. Friends president Tom Mullaney said this award was made under California laws which recognize the public benefit received when a citizens’ group sues to uphold state and local laws.
The recent court order requires both the City of San Diego and the applicant to pay legal costs incurred by the group of activists. However, under the terms of an indemnity agreement, the applicant is required to pay the award to “Friends of San Diego” and also to reimburse the City for their legal costs. “This recent decision by the court is a further victory by Hillcrest citizens and our supporters,” said Mullaney. “The ‘301’ project will have to be redesigned to meet our zoning laws regarding parkland, traffic improvements and “community character” requirements. The latest ruling by the court will allow us to get back most of our legal costs, so we can continue to protect the rights of residents and local business owners.”
The 148-foot building planned for our two-lane crosstown corridor is coming back. For more information or to help with the next legal challenge, contact “Friends of San Diego” at (619) 795-1753 or FriendsofSD@aol.com.
