San Mateo
– The county’s plan for a new theater at the fairgrounds was put
on hold Thursday by a judge who ruled that county land within San
Jose may be subject to the city’s land use policies.
San Mateo – The county’s plan for a new theater at the fairgrounds was put on hold Thursday by a judge who ruled that county land within San Jose may be subject to the city’s land use policies.
San Mateo County Superior Court Judge Robert D. Foiles denied Santa Clara County’s request to dismiss the case, ruling that enough evidence exists to send it to trial. The case is being heard in San Mateo to avoid a conflict of interest.
The order was a departure from previous rulings by a different judge that the city has no right to review a public project on county land. San Jose City Attorney Rick Doyle said Thursday he was pleased the city would get a chance to prove its case.
“The agreement we’ve had for years requires the county, when they’re not doing something government related, to comply with the city’s land use process,” Doyle said.
In November, another judge affirmed that the county has sole authority of the fairgrounds and paved the way for construction of a new concert theater that fairgrounds management hopes to use as a cash cow to overhaul the complex.
County Spokeswoman Gwendolyn Mitchell said the court’s ruling surprised the county because it “was directly contrary to two prior rulings by the same court in this same case on the very same issue. The County is obviously disappointed.” Mitchell said the county may appeal the ruling to the state Court of Appeals.
The county has also been sued over the fairgrounds by the San Jose Downtown Business Association. A hearing in that case is scheduled for Feb. 28.
