After a resounding defeat in the November 3 election, opponents of plans to expand Broadway Plaza with a new 92,000-square-foot department store have droppped their lawsuit against the city.
The Contra Costa Times Elisabeth Nardi reports that plaintiffs Ed Dimmick, Ann Hinshaw, and Selma King asked a Contra Costa County Superior Court judge to dismiss their lawsuit, which claimed that the environmental impact report for the proposed Neiman Marcus failed to properly analyze the traffic and parking effects of the project.
Although 71 percent of Walnut Creek voters said "yes" to Measure I, allowing the new department store project to go forward, I wondered, and perhaps some others did, too, whether these election results really signaled the end of this long, ugly, costly civic battle.
Dimmick, Hinshaw, and King had proven themselves to be pretty feisty opponents to this project, and they had the deep-pocket financial backing of Taubman Centers, the owners of Sunvalley shopping mall. Surely, I thought, there would be another legal challenge to the project in their--and our--future.
Well, the Times says this request to dismiss the lawsuit means that "the last remaining stand" against Neiman Marcus has "disappeared." King acknowledged that "there isn't anything else we can do." She also patted herself and her co-plaintiffs on the back: "We fought a good fight as best as we could."
But ... the plaintiffs asked that the suit be dismissed "without prejudice"--which doesn't stop the plaintiffs from filing again in the future, if, as King said, "anything comes up at all that's going in the opposite direction (of what was approved)."