The City of Sunnyvale has contracted to sell public park facilities and use rights in park land to a private school, on the condition the City approves a use permit for the school’s operations.
In May of 2014, Save Sunnyvale’s lawsuit against the sale of Raynor Park was dismissed. You can read more about those decisions here and here. We have decided to appeal the rulings made by the Honorable Judge Joseph Huber. These rulings were:
- The California Park Preservation Act does not apply because the City of Sunnyvale is a Charter City
- That in 1979, Raynor was not in use as a park.
- That the public did not petition the City properly when bringing up CEQA issues with regards to the sale of the park.
The appeal contends that defendant and respondent Sunnyvale:
- Though a charter city, is bound by the Public Park Preservation Act of 1971, and violated it by failing to acquire substitute park facilities
- Under the Supreme Court case of Save Tara v. City of West Hollywood, violated CEQA by delaying compliance with it until the use permit application;
The appeal also contends that Plaintiff and Appellant Save Sunnyvale:
- Exhausted its administrative remedies under the lenient standard applicable to members of the public unrepresented by counsel
- Was excused from exhaustion by inadequate notice
- Was excused from exhaustion because the doctrine of exhaustion of administrative remedies is an infringement of the right to petition government for redress of grievances under the Constitution of the State of California.
There is a lot more to the filing, and it reads in a very non-legal way. If you would like to learn more, we encourage you to Download the Appeal [PDF] and read the appeal in it’s entirety.
Become a Board Member!
Over a year and a half has gone by since Save Sunnyvale was founded, and since then a few of our board members have had life changes which have required they devote their time and resources elsewhere. If you would like to help guide Save Sunnyvale Parks and Schools, and are interested in becoming a board member, please contact us at email@example.com.