Marin Court Denies Spawn's Request for Injunction

On Feb. 9, 2017, Marin Superior Court Judge Paul Haakenson denied Spawn's request to stop all construction and home projects in the San Geronimo Valley, in Civil case # 1004866. (You can access the records on www.marincourts.org.)

In March 2014, the Court of Appeals ordered the County to prepare a new SEIR (Supplemental Environmental Impact Report), and asked Judge Haakenson to enforce that order. However, the Court of Appeals denied an injunction against building, as an improper restriction on property owners' rights.

In this 2017 action, Spawn asked Judge Haakenson for an injunction against all building in the Valley because County is taking too long to prepare the SEIR. (It has been 3 years since Court of Appeal issued its order.)

Judge Haakenson in 2017 followed the Court of Appeals reasoning that homeowners have not been served as parties in court and so he cannot enjoin use of their properties. (Exception is the Murray family, against whom Spawn has filed a lawsuit 2016, Civil No. 1603455 to stop a project in Woodacre.)
Judge Haakenson also ruled in 2017 the County can legally review and permit project approvals under the old 1994 Countywide Plan which remains in effect in SG Valley.

Next hearing in Case # 1004866 is March 3, 2017 at 9 am. County Counsel David Zaltsman stated he thinks the preliminary draft SEIR will be done in 3 weeks. Then the SEIR is sent out for public comment.

SGV Stewards will be active in the SEIR comments process. We sent letters to the County in April and May 2016 requesting the SEIR correct (and not repeat) errors from the 2009 SEP Report.