Land Use,
Environmental & Energy
Aug. 14, 2024
Gondola opponents say 'zero chance' it will be built by 2028 Olympics
A Los Angeles County judge's decision to dismiss a legal effort to halt the gondola's construction marks the third time a judge has ruled in its favor, according to its sponsor. Opponents say they'll continue to challenge it regardless.
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A Los Angeles County judge tentatively denied a petition challenging the construction of a gondola connecting the Union Station train depot with Dodger Stadium, which is to play a role in the "no-car" 2028 Olympics. Project opponents said it's just the beginning of the battle to stop construction.
"The court adopts the tentative ruling as the final order of the court in so far as the conclusion to deny the petitions and informs all counsel that the expanded written order will be issued in the next few days," a minute order from Monday read.
In his tentative ruling, Judge Maurice A. Leiter found that the project overseen by the Los Angeles County Metropolitan Transit Authority met environmental requirements set by the California Environmental Quality Act.
The transit authority "analyzed the environmental and aesthetic impacts of the project on Los Angeles State Historic Park, El Pueblo de Los Angeles, and the surrounding areas," Leiter wrote. "It properly adopted a plan to mitigate the environmental issues, and substantial evidence supports its conclusion that the aesthetic impacts of the project are not significant. It adequately considered alternatives, including expanding the existing Dodger Express bus service."
Dawyn R. Harrison, Charles M. Safer and Ronald W. Stamm of the Los Angeles County Counsel's office represented the transit authority, along with Benjamin J. Hanelin and James L. Arnon of Latham & Watkins LLP in Los Angeles and Remy Moose Manley LLP attorneys Tiffany K. Wright and Laura M. Harris in Sacramento.
The project is planned for completion before the 2028 Olympics. Los Angeles Mayor Karen Bass has pledged that the event will be the "no-car games."
The transit authority forwarded a request for comment to project sponsor Zero Emission Transit.
"Today's ruling - the third of three rulings by a judge in the project's favor - underscores the widespread public benefits of the gondola project to the community, transit system, and our environment," Nathan Click, spokesman for Zero Emission Transit, said in a statement on Tuesday. "While opponents of the zero-emission gondola system try to stall the project through poorly-considered lawsuits, the project continues to gather momentum - especially as Angelenos turn their attention toward the LA 2028 Olympic games."
Sole practitioner John P. Given of Santa Monica, who represents petitioner Los Angeles Parks Alliance, referred requests for comment to his client.
Parks Alliance founder Jon Christensen blasted the decision - and the project - in a phone call on Tuesday.
"There is zero chance that this project gets built before the Olympics," Christensen said, adding that the alliance plans to appeal the decision. "We believe that the court got it wrong on several very important points of law and fact. This is only chapter two in what is going to be a long, protracted battle."
The alliance's petition claimed that an environmental impact report for the project, which would place a gondola station in the southwest corner of Los Angeles State Historic Park with hanging tracks overhead, was fatally flawed and that it would be an illegal use of the land. Los Angeles Parks Alliance v. Los Angeles County Metropolitan Transportation Authority, 24STCP00944 (L.A. Super. Ct., filed March 25, 2024).
If the alliance's appeal fails, Christensen said the project still faces several hurdles, including a traffic study he estimates will take 12 to 16 months and various city permits that would still be obtained.
"If this goes before the State Park and Recreation Commission to get a general plan amendment to allow this in California State Parks, there'll be a huge public outcry and battle on that front," he said. "If they made the decision to go ahead and let it happen, we would definitely have grounds for a lawsuit that that violates the California Public Resources Code."
Environmental law attorney and mediator Gideon Kracov said the situation could benefit from mediation efforts.
"If California is going to build for its future, and Los Angeles for its Olympics, we need to find ways to more quickly and amicably resolve contentious land use disputes," Kracov said in an email on Tuesday.
Skyler Romero
skyler_romero@dailyjournal.com
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