Ruling may end tree sitters' protest


At a brief hearing this morning, Alameda County Superior Court Judge Barbara Miller said she issued a tentative ruling last Thursday in favor of the university's proposed 158,000-square-foot project, which is expected to cost about $140 million.

Miller issued a preliminary injunction on Jan. 29, 2007 that temporarily halted the project, which had been approved by a UC Board of Regents committee on Dec. 5, 2006.

But on July 22, she ruled that the university could begin work because it had modified the project to address her concerns about environmental and safety issues.

Stephan Volker, attorney for the California Oak Foundation, one of three plaintiff groups that filed suit to try to stop the project, said after today's hearing that if Miller rules in favor of the university, he will return to the state Court of Appeal to request a stay that would continue to block the project while the appeal is litigated.

The university's attorney, Charles Olson, said he expects Miller to rule by the end of the day today.

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