Lawsuit

After two years of contentious opposition to the proposed concrete slab and a sincere effort to arrive at a win/win, the HEAR US (Homestead & Evergreen Avenue Residents United for Safety and Sustainability) neighborhood group was left no option but to engage in a lawsuit to attempt to force Marin County to follow federal, state and local laws and flood ordinances.

The request for a Stop Work Order for this County project was denied, not based upon merits of the case, but because the County Judge stated the lawsuit was UNTIMELY.
Facts:
The lawsuit was filed within 90 days of project approval by the Board of Supervisors, but the County Counsel told the Judge the project was approved in July 2010.
The judge was misinformed.
In July 2010, Supervisors approved DPW's request to accept a $900,000 grant from the Safe Routes to Schools fund for a "ROAD IMPROVEMENT" project.

The actual project was approved by the Board of Supervisors on April 3rd, 2012.

At the BOS meeting, it appeared that the Board of Supervisors based their decision on DPW Director Bob Beaumont's statement that "the project is supported by a strong majority."

Mr. Beaumont's statement was based upon an informal March survey of homeowners who had "contacted DPW."
This information conflicts with our survey of homeowners and residents.

HEAR US has decided to take a step back from litigation at this time.