Statement on Court of Appeal Decision in Save Lafayette Trees v. City of Lafayette and PG&E
On October 23, 2018, the Court of Appeal for the First District, Division 3, of California, issued a decision in the appeal by Save Lafayette Trees of the Contra Costa Superior Court’s dismissal of a lawsuit challenging a Tree Removal Agreement between the City of Lafayette and PG&E.
Earlier this week, the California Court of Appeal issued a decision in the appeal by Save Lafayette Trees of the Superior Court’s dismissal of a lawsuit challenging the Tree Removal Agreement between the City of Lafayette and PG&E. The Court of Appeal’s decision upheld the Trial Court’s dismissal of three of Save Lafayette Trees’ claims against the City and PG&E, but found that the remaining fourth claim, concerning the California Environmental Quality Act (CEQA), had been served within the proper timeframe. The CEQA claim can be considered by the Trial Court, although the Court of Appeal did not issue any decision as to whether the CEQA claim has any merit.
“We have noted the Court of Appeal’s decision,” said Lafayette Vice Mayor Cameron Burks. “We will continue to work with Save Lafayette Trees, PG&E and the CPUC to ensure that Lafayette’s citizens have confidence that they are safe and that a fair and transparent process is being followed whereby PG&E can conduct the pipeline safety work it feels is needed and residents’ concerns about that work are properly addressed,” he added.
Parties have roughly 30 days to seek Supreme Court review of the Court of Appeal’s decision.