Court halts Blue Rock project
Long-stalled development off again until at least June 25
By Ricci Graham, STAFF WRITER
HAYWARD -- A federal court issued an injunction Thursday that places yet another roadblock in front of the Blue Rock Country Club project and jeopardizes millions of dollars in funding for what would be the first school built in the city in 36 years.
The Ninth Circuit Court of Appeals granted the injunction that was requested by the Hayward Area Planning Association and the Center for Biological Diversity, setting June 25 for appeals to be filed. The two environmentalist groups insist the developer has not done enough to protect the Alameda whipsnake and the California red-legged frog -- two endangered species that populate the project area.
With the case not being heard until summer, the Hayward school district could lose the $8.7 million it is earmarked to receive from the state to help fund the construction of a new school planned as part of the 614-home gated community and golf course.
Blue Rock developer Steve Miller is required to break ground on the new school by June 18 as part of the grant requirements for the 650-student campus, which is projected to cost about $14 million.
The district has already received $5.7 million and could be forced to return the grant if the project isn't under way by June 18.
Interim Superintendent Janis Duran, who on Monday filed a brief with the hope the court would allow the project to proceed, was stunned by Thursday's ruling. "From the beginning, I kept thinking we'll do everything we can, but surely, I thought they would rule (in favor) of a new school for kids. I just never thought that anybody would protect anything over children."
Duran said the district would continue to support Miller's battle with the hope that the project would be able to commence by the June 18 deadline.
"I always remain hopeful," Duran said. "You need to pursue whatever loophole there is."
Miller said he will file a motion today asking the court "to reconsider as instantaneously as possible."
"We will ask them to please read the information so that they understand the consequences of their decision," Miller said. "If that fails, we have until the 18th to appeal to the opposition to please understand that they are not only stopping the project, but they're stopping this project for children."
Greg Loarie, the Earthjustice attorney who represented the two environmental groups, said his clients do not oppose the construction of the school and homes. They do object to a golf course crossing into a habitat area that scientists believe would threaten the snakes and frogs.
"We'd be willing to settle this case if they pull the golf course behind that line," Loarie said.
Sherman Lewis, the chairman for HAPA, said he recognizes the legal maneuver on his part could force the district to build a smaller school with fewer amenities. But, he added, "They need to get another grant that will have some other deadline. Even if this funding should be lost, it doesn't mean that all funding for all schools will be lost forever."
Lewis said his group would be willing to drop their case if the developer removes portions of the development out of the habitat area.
Miller, however, isn't buying it.
Throughout all the legal proceedings, they have opposed the project in its entirety," Miller said. "They don't want to protect species. They want to stop urban sprawl at the sacrifice of the children."
The latest twist in this more-than-20-year legal battle has outraged members of the community who were hoping to see a new school built. If Miller is not successful in having the ruling overturned, the size of the campus would have to be scaled back to accommodate only 350 students.
"This is what democracy is all about, where one individual can thwart an entire community's will," school board member Jeff Cook said. "This is environmentalists gone amok."
Former Hayward City Councilwoman Doris Rodriquez, who was a member of the planning commission years ago when the project was downsized, feels that every conceivable concession has been made. "And I was going to suggest they name the school after Sherman Lewis," she said.
Said Holly Souza, president of the Hayward Education Community Alliance: "I'm appalled by this. I just cannot believe we can lose this much so quickly because of a small group of people. We're being handed something, and they're taking it away."
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