Important note: Information in this article was accurate in 1996. The state of the art may have changed since the publication date.
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The San Francisco Examiner; Friday, December 6, 1996
Kathleen Sullivan of the Examiner Staff
Laurel Stanley, the lawyer who represents foes of the complex, said Thursday she would file an appeal with the 9th U.S. Circuit Court of Appeals in San Francisco.
In a 26-page decision issued Monday, U.S. District Judge Vaughn Walker dismissed the lawsuit filed by five Mission District homeowners and denied their request for a temporary restraining order.
The decision lifts a cloud that has been hanging over Mission Housing Development Corp.'s proposed complex, which won Planning Commission approval a year ago.
The complex, to be built on a half-acre site on the southwest corner of 21st Street and South Van Ness Avenue, is designed to house 20 low-income families and 10 very low-income families with one or more members with HIV or AIDS.
Daniel Hernandez, executive director of the nonprofit housing firm, said Mission Housing hoped to start renting apartments next fall.
In his decision, Walker said the federal court no longer had jurisdiction over some of the homeowners' allegations by the time they filed their suit in August.
Walker said the deadline for filing a suit charging violations of the National Historic Preservation Act was October 1995 - when the U.S. Department of Housing and Urban Development released $2.5 million to The City, after HUD had completed its reviews and taken public comment.
By releasing the money, HUD relinquished control to local housing authorities, Walker said.
The homeowners, four of whom live in historic Victorians near the site, say the complex would harm their properties.
Walker also dismissed plaintiffs' claims that HUD had violated the National Environmental Policy Act, which requires federal agencies to analyze the environmental consequences of projects. He said the claims were moot because at the time the lawsuit was filed - a year after HUD released the funds - the agency no longer had the authority to alter the project significantly.
Walker noted that HUD had conducted an environmental review and determined the project would not have a significant impact on the neighborhood.
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