Update on Broadway-Brommer
by Charlie Dixon
To review: the fight to connect Broadway and Brommer with a paved bike/pedestrian path has been going on for over 10 years. Most recently, the path across city-owned Arana Gulch has been advocated by the city as part of its Arana Gulch Master Plan (AGMP). The AGMP, including the Broadway-Brommer path, was approved by the City Council in July 2006 by unanimous vote.
However, in August 2006, a lawsuit to stop the project was filed in Santa Cruz Superior Court. The petitioners (those suing) were Friends of Arana Gulch (FOAG), a neighbor group, and the California Native Plant Society (CNPS). The respondents (being sued) were the City of Santa Cruz and Santa Cruz City Council.
In November 2007, the judge, Paul Burdick, ruled decisively in favor of the city, the AGMP, and the bike path. In his written decision he refuted every point raised by those attempting to stop the project. Further, the judge's decision had been written with a level of thoroughness and care that suggested he anticipated that the bike path opponents would appeal.
And appeal they did. They filed in the California 6th Appellate Court (in Sacramento) on January 18, 2008. The minimum they can gain by appealing is to further delay the project—another case of legal processes being used to slow things down, to play for time, to put obstacles in the way of the bike path.
In the appeal, the attorney for those opposing the bike path will again be William P. Parkin (Wittwer & Parkin). Attorneys for the city (supporting the AGMP and bike path) will be city attorney John Barisone and Amy Higuera (Remy, Thomas, Moose and Manley). Ms. Higuera is expected to argue the city's case.
As we have seen, the wheels of justice move slowly—it wasn't until early April that the Appellate Court got a complete and final transcript of the Superior Court case. Next, Mr. Parkin has until May 12 to file the "Appellants appendix and opening brief," in which the path opponents will present why they believe Judge Burdick's decision was flawed and should be reversed.
This appeal is only one of two hurdles that remain for the AGMP and the bike path. The other is approval by the California Coastal Commission. Even more delay? Possibly, but Susan Harris (of Santa Cruz Parks and Recreation and the project director for the AGMP) is looking for a way to reduce that delay. She said, "It is acceptable to apply for a development permit for the Arana Gulch Master Plan with the Coastal Commission while the plan is still under appeal in the courts. Parks and Rec has not submitted an application yet but might do so in the next several months." So now that you've got the update, here's the question that remains: will the Broadway-Brommer bike connector be opened before or after the polar ice caps melt? What do you think?