Lawsuit Against City Approval of the West Davis Active Adult Community is Dismissed
On Friday, January 18, 2019, U.S. District Court Judge England signed the order dismissing in its entirety by mutual agreement of the parties, Ignacio v. City of Davis et al, a federal civil rights lawsuit that had been filed against the City of Davis, Binning Ranch Holding Company LLC, and J. David Taormino. The lawsuit alleged that the recently approved West Davis Active Adult Community violated fair housing laws, based on the “Davis Based Buyers Program” proposed by the developer. In response to the lawsuit, the Defendants filed a motion to dismiss, arguing that the case was not yet ripe for review. Rather than opposing the Defendants’ motion, the Plaintiff agreed to dismiss the case without prejudice, which means that the plaintiff or another party could file a similar lawsuit in the future if they believe that specific facts support a fair housing claim. The dismissal of the case allows for the thoroughly vetted project to move forward without further delay. The West Davis Active Adult Community is comprised of 325 for-sale units with 80% of the those being age-restricted (55 and over), 150 affordable senior apartments, an activity and wellness center, and other neighborhood amenities as approved by the numerous City Advisory Commissions, City Council and the majority of Davis voters.
Mayor Brett Lee said, “This project went through a very thorough public process inclusive of a Measure R vote, I am pleased to see the will of City Council and the majority of Davis voters is being upheld without unnecessary delay.”
Councilmember Dan Carson said, “Our City has acted on numerous proposals that enhance the local economy, and help increase housing opportunities for our community. Unfortunately, several of these projects have had lawsuits filed against them delaying their benefit to the greater community. I am pleased to see that this lawsuit was dismissed by the court. I am confident that the city will prevail in the other legal challenges still in play and validate the decisions of this council and the voters to approve them.”
For more information, please contact Ashley Feeney, Assistant City Manager, at 530-757-5610 or AFeeney@cityofdavis.org