The County Moves to Vacate MCA Victory


Dear MCA Supporters,

BREAKING NEWS: The county officially filed a motion to overturn the Court’s decision in favor of MCA by asking the judge to vacate his decision. This means that the judge voids his own ruling and re-instate the SEIR.

So much for Kinsey’s “we just have to do a little traffic study” quote. If this decision is such a little deal, why is the county asking the judge to legally void his decision? 

Either the county is trying to exhaust us OR there is more to our suit--and the FSEIR being set aside--than they like. 

The county is claiming the citizens of Marin did not “exhaust the record,” meaning that we the people did not express our concerns in the right way and that we should have hired experts to make our comments legitimate.

We believe that the SEIR approved in the 2013 Housing Element is the foundational document granting huge development rights to as many as 49 land sites within Marin County that a developer wants to build on. That SEIR is a flawed document, found by the Court to be non-compliant with CEQA. 

The very flawed studies in the SEIR is the reason MCA sued the county. By inadequately “studying” all the sites in a cursory way, the county paved the way, literally, for major and massive development, without the protection of CEQA. As projects come forward, developers can argue that traffic, water, parking, schools and other impacts have all been already studied.

MCA Attorney Michael Graf is now doing additional work to answer the county’s Motion to Vacate and to argue to uphold the Court’s decision that the SEIR must be set aside. 

Once again we are relying on your generosity to help keep this case alive and moving forward to protect Marin.

Please support MCA. So much is riding on this lawsuit. 

Donate here.

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