Judge Dismisses Peter Loeb vs. City of Pacifica Case

A Superior Court judge ruled to dismiss the Peter Loeb vs. City of Pacifica case last Thursday, Oct. 31, because the case is not "ripe" for adjudication since the City of Pacifica has made no administrative decision to approve or reject the proposed highway construction project.

The complaint was filed July 10 in San Mateo County Superior Court. The suit contends that the project, which would add two lanes to a 1.3-mile stretch of roadway on Highway 1 between Fassler Avenue and Reina Del Mar, is inconsistent with the city’s general plan.

The project is part of a $57 million Highway 1 modernization and traffic relief project lead by the California Department of Transportation and paid for with Measure A funding.  

City attorney Michelle Kenyon was quoted in a Pacifica Tribune article about the dismissal of the case: 

"Judge Buchwald issued a tentative ruling to dismiss the Loeb v. city of Pacifica lawsuit finding that the city had not taken any action to approve Caltrans' Highway 1 Project. Mr. Loeb did not contest this ruling. Thus, on October 31, 2013, the date noticed for the hearing, the tentative ruling became the order on the city's demurrer, and the court ruled that Peter Loeb's case be dismissed. The city is very pleased that the court ruled in its favor and that absent an appeal by Mr. Loeb, this case is now concluded."

The plaintiff, Peter Loeb, says he disagrees with the judge and is considering whether to appeal. He thinks that the "issues are more subtle and complex, especially since the city of Pacifica is a sponsor of the project, city staff has worked on it, and the city has taken many actions in support of the project." 

Read the full report in the Pacifica Tribune here.