Yamanee lawsuit may prove a tall order for Sacramento group

When the Sacramento City Council last month approved a 15-story condominium tower proposed for the heart of Midtown, it didn’t mean an end to the pitched, months-long battle over Yamanee. It just meant the next phase: a lawsuit related to the California Environmental Quality Act.

On July 14, opponents of the project sued the city, listing Yamanee’s development company as an interested party.

The suit asks the city to reverse its approval of the mixed-use condo eyed for J and 25th streets, and for the court to invalidate portions of the zoning code and 2035 General Plan that allowed the unusually high project, which is twice the height of other Midtown buildings.

Attorney Michael Graf of El Cerrito filed suit for a group calling itself Sacramento for Fair Planning, with the suit listing no individual petitioner names. Neighborhood activist Karen Jacques confirmed her involvement in the lawsuit to SN&R. Jacques also confirmed the involvement of William Burg, who appealed Yamanee’s initial approval by the city Planning and Design Commission.

“I want to live in a city where the rules are clear and people know what they can and cannot do and extensive public input (to the general plan) is honored,” Jacques said. “My feeling was that I did not have any other ethical choice other than to be involved.”

The suit requests an injunction to prevent construction. Yamanee attorney James Wiley said opponents would have to present evidence they’re likely to prevail in the case to obtain the injunction.

Principal developer Ryan Heater told SN&R he’s discussed the suit at length with his attorneys and that his opponents are misguided. “I feel very strongly that we’re on firm legal ground here,” Heater said. “They can wish it not true or that the rules aren’t as they are but again, we feel very good about this.”