Despite losing its lawsuit, a group of Sunnyvale residents fighting to restore public access to Raynor Park is not done fighting yet.
The group is appealing the court’s rulings in favor of the city.
“Our lawyer is still working on the filings, and we hope that the district court takes up our appeal,” Tim Dietrich, co-founder and president of Save Sunnyvale, said in a statement. “At this time, our lawsuit is considered lost, but not over.”
Save Sunnyvale Parks & Schools, Inc. filed a lawsuit against the city in January over the sale of the Raynor Activity Center, alleging the sale agreement violates both California’s Public Park Preservation Act and the California Environmental Quality Act (CEQA).
According to the lawsuit–filed in Santa Clara County Superior Court–the city approved the sale without having determined whether an environmental impact report is required by CEQA, and violated the Public Park Preservation Act by selling available parkland without the intent to replace it.
The first claim was dismissed by Judge Joseph H. Huber on May 2. Huber ruled in favor of the city of Sunnyvale, stating that the California Public Park Preservation Act does not apply to charter cities.
Unlike general law cities, the governing system for charter cities such as Sunnyvale is defined by the city’s own charter document rather than by state, regional or national laws.
Save Sunnyvale argues it has additional standing on the Public Park and Preservation Act.
“When the park sold in 1979, it was sold from Santa Clara Unified School District. SCUSD is not a charter city, rather a public entity, selling public land,” Dietrich said. “Thus, the property should have been bound by this Act, from 1979 until today.”
In the other claim, the petitioners argue that the city should have done a CEQA review before entering the purchase and sale agreement. But the judge ruled in favor of the city in August, stating the purchase and sale agreement does not constitute a project under CEQA.
The group disagrees with this ruling and has filed a Constitutional Challenge against it.
According to the group, the city claimed that the public did not petition the city properly, despite residents bringing up issues the CEQA law covers. The judge concurred with the city, that asking questions about the law, such as impacts on the environment and traffic was not enough, and that members of the public must actually state, by name, that the city was violating the CEQA.
“We think it’s wrong, it’s absolutely wrong, so we filed the constitutional challenge,” Save Sunnyvale interim vice president Wendy Hales said. “It seems ordinary citizens need to know all of city, county and state laws, and have attorney-reviewed public statements in order to talk with their elected officials. We don’t believe we have to be attorneys to be able to talk to our elected officials.”
Hales said the group’s attorney will be taking on the appeals pro bono.
The Sunnyvale City Council voted to sell the Raynor Activity Center to Stratford School in December, after years of debate about letting the site go. The city council decided to enter into a joint use agreement with the for-profit private school.
The school would have priority use over two designated areas called Area 1 and Area 2 during certain months and during certain hours. Area 1 is the ball field at the corner of Dunford Way and Quail Avenue, and Area 2 will be a basketball court Stratford plans to build on the grassy area near the dinosaur play equipment.
For more information on Save Sunnyvale Parks & Schools, Inc., visit savesunnyvaleparks.com or call 408.444.7357.
