Promenade Litigation Update
Toll Brothers recently filed a lawsuit against the City of Dublin to block construction of the Promenade in the Dublin Ranch Villages. The primary concerns that Toll Brothers noted in their lawsuit are:
- Parking Structure – the current plan for the Club Sport and Mercantile Building phase of the Promenade includes a four-story parking structure. However, the original plans and drawings approved in 2000 did not include a parking garage and only referred to one and two story retail commercial buildings with paseos.
- Public Hearing Notice – Toll Brothers contends that they did not receive proper notice of public hearings related to the Promenade.
- Environmental Impact – an environmental review was not conducted on the current phase of the Promenade. This would have included analysis of items like traffic, shadowing, visual aesthetics, and noise.
At a recent Sorrento homeowner meeting Toll Brothers representatives Charles Templeton and Dave Seifert both noted that they anticipate that the lawsuit against the City of Dublin will take a “couple of years.” One could infer that Toll Brothers plans to hold up construction of the Promenade until they have sold the remaining units at Sorrento and the Terraces.
A case management conference is scheduled to be held on July 6, 2009 at 1:30pm in Oakland with the Honorable Frank Roesch presiding.
12:19 AM on May 31st, 2009
WTF!?!?! A couple of years? Ridiculous, I didn’t move out here for this unreasonable disagreement between Dublin and Toll. I’ll never make back any of losses on my condo. What can I do to find out more about this case?
5:17 AM on May 31st, 2009
Hi Anonymous on May 31, 2009 12:19 AM – please feel free to visit the Superior Court of Alameda’s site for more information:
http://apps.alameda.courts.ca.gov/domainweb/html/index.html
Please click on the “Case Summary” page and enter case number RG09448044 to obtain more information.
Thx, John Z.
7:45 AM on May 31st, 2009
How could the city do all kinds of reviews for every other project, and not due their due diligence on a project of this magnitude. That seems very odd. I due believe it will be years, because there is no way in this economy that Toll will sell the last 2 buildings of the Terraces. The only thing, is if you don’t build the Promenade, who will want to move here?
8:28 PM on May 31st, 2009
Corporate greed is at work.
The only good thing that will come about this, is that The Devil{ Sales manager Johanna Harrison} will be employed for a long time as she trys to sell the rest of the units while bait and switching the buyers. Well she is a single mom so we should be happy..
Joe
5:12 AM on June 1st, 2009
I am upset. Toll said that the Promendae would be built and that was a selling point. I urge the residents to file a class action lawsuite against Toll for fraud.
WFT would Toll cut off their nose to spite their face? Who is going to by at the Terraces without the project going through? Makes no sense.
8:22 AM on June 1st, 2009
I am / was looking so forward to the Promenade being built so we could just walk to various shops and restaurants- In fact, it’s the number one reason we bought at Amalfi.
However, I’m actually on both sides of this argument– As much as I’d LOVE for The Promenade to be built, I’d also grow to dislike the 4-story building in my views of the hills, etc. It’d really block a lot of my views out (yes, i know, being totally selfish here)–
Instead of fighting it out in court, could changes be made? Could parking structure be put at least one story underground? (I know, expensive to do, but with legal savings, it might make sense)–
8:44 AM on June 1st, 2009
To the person who is for the underground parking:
That option has already been ruled out. Everyone on the planning commission and the city council has already come out against it, so let’s not waste time on that silly and expensive idea. I hate to say it, but I never supported the eastern Dublin project, and now I am disgusted that it will cost the city untold amount in litigation fees at a time the city can least afford it.
10:47 AM on June 1st, 2009
what eastern Dublin project? The whole East Dublin or just “The Promenade”-?
11:05 AM on June 1st, 2009
Toll sucks! I’m almost certain they wouldn’t be complaining, much less filing a lawsuit against the city, if the economy and housing market didn’t turn sour. This is absurd how they can drag this on and prevent growth and stabilization in this area.
I’m going to contact the BBB and complain about Toll. And our good for nothing Dublin gov’t leaders had better be working their asses off w/ Charter to get this resolved. Is Charter even helping the city of Dublin on this one?
12:07 PM on June 1st, 2009
I believe that Charter is named in the lawsuit, so yes they are involved. The other thing here is Toll has no bridges to burn, because they know after Sorrento they won’t need the City anymore.
2:03 PM on June 1st, 2009
We will make sure though that this gets out to the larger audience, outside of Dublin. As Toll will have future stakes in other communities, any communities dealing with Toll in the future needs to know that they could some day turn and file a lawsuit against their community and Citizens. Like I’ve previously don’t be fooled Toll is concerned about you the owner. They are concerned about selling their remaining units at the most profit possible, thus the reason they are only looking to stall for 2 years. After they are done they can care less about you even if a power plant or a sewage plant was being built next door.
If I was an owner at the Villages, I’d rather see this project as proposed moving forward, even with a 4 story garage. It will add to my home value more that an empty field with litigation going on and no end in sight. I see no different is staring at a garage adn office building than staring at a sea of asphalt and cars. The original plan was for just that, asphalt parking lots behind cookie cutter 2 story retail buildings. Imagine all the skateboarders, loiters hanging out in an usecured parking lot next to your unit. Either way you bought in a high density develop, along with it goes high density amenities.
A class action lawsuit based on lousy construction, false representation is the way to go. The negative publicity will damage them for good, just like what they are inflicting on Dublin for killing the Promenade.
Get ready for the ride my friends and fellow neighbors.
2:12 PM on June 1st, 2009
I bet if you took a poll of buyers at the terraces and showed them the renderings of the buildings planned and then said look out your balcony at this wasted land, and asked them to choose, they would choose the planned club sport. It is not like a couple of years ago where people were just buying whatever they could. Buyers will not look at those units that are already built overlooking that area and say I want to look out over dirt for the next few years. At least with the buildings planned you can have something to sell prospective buyers on like a club sport and shops and restraunts. Other than that why would I want my balcony looking at a dirt field for years.
2:49 PM on June 1st, 2009
We need to organize A CLASS ACTION LAWSUIT against Toll Brothers. When we purchased our home 5 years ago the MAJOR SELLING POINT that it would come in within 2 years was the PROMENADE. Otherwise we probably wouldn’t have bought this property in the Courtyards.
This is ridiculous. We’re pretty pissed off!
2:51 PM on June 1st, 2009
Only thing that would change Toll Brothers would be consistent picketing outside each Dublin sales office-
We can complain on this blog and to your neighbors all you want but buyers are not hearing about this till too late-
2:56 PM on June 1st, 2009
You don’t even have to picket for long…just long enough for some local TV station on a slow news day to film it. Once it’s on TV, the word will get out.
3:10 PM on June 1st, 2009
better yet, call local TV/Newspaper and tell them about your plans — they’ll send a camera van and viola..
PS: I just like to post on this site because I find the Word Verification to be quite challenging!
4:10 AM on June 2nd, 2009
If nothing else, the City of Dublin should warn all other communities that Toll Brothers intends to develop in, that once you give them a permit to build and sell, they will stab you in the back with a lawsuit. Maybe then Toll Brothers will realize that it really shouldn’t bite the hand that feeds it.
7:04 PM on June 2nd, 2009
One option for Terraces homeowners is to place banners on their balconies stating grievances against Toll so that prospective buyers can see that all is not as rosy here as Johnna and her minions portray. Not sure if this violates any of the HOA provisions, but it's an option. I just read the original petition (dated April 20, 2009) on Alameda County's website (thanks John for posting that link). Relief requested is to vacate the City's approval of the ClubSport project, which I believe the City Council voted to reject the application to build per specifications filed in December and approved in January in a vote in early May per council minutes on the City's website. Per my non-lawyer logic, the reasons for the lawsuit have been removed, so I'm not sure why this might take "a couple of years" to resolve. Clearly, there's more to this story, i.e. bad blood between Toll and the other parties involved, including the City. While Toll does have deep pockets, a class action suit should be considered — the only problem is organizing everyone with an interest to back such a legal action.
7:43 PM on June 2nd, 2009
Hi Anonymous on June 2, 2009 7:04 PM – you bring up a very good point. There most likely is more to the story between Toll-Charter-Dublin than what is stated in the legal docs.
Thx, John Z.
8:24 PM on June 2nd, 2009
Im telling everyone I see looking at Sorrento about this that is planning to buy here, or are looking to buy.. Ill go up to them when they are walking out of the sales office.. I promise you toll , like another reader said, You dont bite the hand, I hope you dont sell another freaking unit you bunch of two faced a**….. you make me sick and im so discusted I bought here.. I wont let others be taken for a spin like all of us who were promised a promenade..
8:25 PM on June 2nd, 2009
Anonymous on June 2, 2009 7:04 PM,
The signs would be protected, because they'd be a political speech against Toll Brothers.
12:02 AM on June 3rd, 2009
Will the city councilmembers share any of the litigation process at its city council meetings? I'd like to when so I can tune into TV28 and find out more.
9:23 AM on June 3rd, 2009
Hi Anonymous June 3, 2009 12:02 AM,
The City Council will probably not share any detail of the litigation process during city council meetings. Any substantive discussion about the case will most likely be conducted during the closed session to minimize the City’s liability. In the mean time, we will continue to share what we know with the general public.
7:52 AM on June 3rd, 2009
What if the city turns that empty land into a park ? Will everyone put their condo/townhouse on sale ?
10:53 PM on June 3rd, 2009
A class action suit is a good idea, as even if we don't win, the bad publicity is not what they need.
10:42 PM on June 4th, 2009
I wonder who hates who most? The renters and condo owners toward the builders. Or the home owners toward the high density renters and condo owners (which were described as criminal thugs on this blog). East Dublin is filled with love.
8:46 AM on June 5th, 2009
Most renters could care less just like Toll Brothers as to what gets built at the Promenade 2-3 years from now. They both alike would have moved on to somewhere else. It is the owners who invested hard earned money into these units that will be hurting now and for years to come due to false representation and poorly thougth out action by Toll Brothers. These owners don't have the option or luxury of picking up and leaving the next five years like Toll and the Renters do.
I always prefer ownership over renters, regardless of income or social class, low or high density. Too many rentals of any kind weakens the fabric of a strong community. The ratio of ownership vs rentals in any community should be at least 3 to 1.
With that said, Toll Brothers is the true and biggest Hooligan here in town. I see them as the thugs who milked Dublin for so much profits during the boom time and now when they are hurting like all of us they turn and stab the community in the back!
2:30 PM on June 7th, 2009
I just began looking at the Sorrento development for a retirement home. I asked the sales person about the Promenade being delayed by litigation and she said it was because Toll Bros. were trying to keep the 4 story garage from impacting homeowners.
3:15 PM on June 7th, 2009
Hellaluyah! A fellow anonymous commenter has spoken. Toll Brothers is really "trying to keep the 4 story garage from impacting homeowners" through litigation after all. End of discussion! Clearly John must not know what he's talking about, because Anonymous on June 7, 2009 2:30 PM just contradicted him with facts from a very reliable source — the Toll Brothers sales team.
12:22 PM on June 8th, 2009
Would I rather an empty field or a four-story parking garage? DEFINITELY an empty field!
12:34 PM on June 8th, 2009
Give it up, Toll Trolls. We will see how many of you show up at the next official meeting, and we will make sure we get pictures. People throughout Dublin need to all know what you look like.
12:50 PM on June 8th, 2009
In my opionion, Toll is not all wrong. The four story parking space would be an permanent eye sore for the community. Looking at the one near Bart, that could be considered one of the most ugly parking structure for Bart. It becames a "Landmark" for Dublin Station developement. Thanks to the design review board of not reviewing the design thoroughly. Now we will have to come up with a solution to break down the scale of that building. An other bad example would be the south San Francisco Transit village. There is a huge above ground parking structure adjacent to the residential complex. It really makes those rental unit very undesirable, besides it is next to the bart station. Can we break down the parking structure into two or three complexs or buidling it behind the retail space? So the residential building will be facing a serious of retail space instead of a parking structure. I think it will creat more like a urban feel to that neighborhhod.
1:10 PM on June 8th, 2009
I'm sorry, but why are people who disagree labeled "Toll Trolls"? Let's have a mature dialog, please. I, too, am looking at some Toll Bros property in Dublin, and have concerns about a parking structure nearby. I would like the Promenade built, but I hope all of this gets settled in a way that is a good compromise for everyone. To me, this would be a Promenade shopping complex with a parking solution that does not obstruct the view for homeowners. Thanks for keeping everyone posted on developments, Around Dublin blog!
1:14 PM on June 8th, 2009
Morgan,
I respect your position as a fellow home owner, but I think you missed the point John was making. Toll Brothers can care less about how tall the garage is. They're only using the Promenade to get their deposit money back. Why they would drag all of us into court I don't know.
As a Terraces home owner, I have been very concerned about the Grafton Plaza project right across the street from me. That project will have four towers, with the highest being around 150 feet tall. I attended the public hearing for the towers last summer, and I did not see a single Toll employee there. If Toll really wants to sue Charter for the good of the public, they should sue over the four towers. They should also leave us taxpayers out of it. Toll has a lending arm, which means they have gotten some of our tax dollars in the form of the TARP money. For them to sue us taxpayers, after getting our money, is just wrong, wrong, wrong.