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The California Supreme Court this month denied a petition for review of an appellate court decision that favored the progression of the Eden Housing project downtown Livermore. (Image courtesy of Eden Housing)

Following years of legal challenges, the California Supreme Court has closed the case regarding Eden Housing’s affordable apartment complex proposed for downtown Livermore in favor of the project’s advancement.

Planned for construction at the southeast corner of Railroad Avenue and L Street, the development is set to have 130-units of one- to three-bedrooms with pricing for families earning 20% to 60% of Alameda County’s area median income.

Taking issue with the downtown locale of the proposed development — a property the city acquired for affordable housing — community group Move Eden Housing (MEH) most recently petitioned the California Supreme Court to review a ruling they lost in the state appellate court.

Within the petition for review submitted Nov. 17, 2025, MEH and co-petitioners Richard Ryon and Thomas Ramos, alleged that Livermore City Council violated a section of the California Elections Code by enacting a resolution in 2024 approving the housing development that was “essentially the same” as a previous resolution that was “entirely repealed” by voter referendum.

However, marking a final win for the city, Eden Housing and former city clerk Marie Weber, the California Supreme Court denied the petition for review Jan. 14 and accompanying request for judicial notice submitted by MEH, according to the court website.

Eden Housing officials now aim to break ground on the project during late 2026 for completion by early 2028.

“We are encouraged by the Court’s decision and the numerous published opinions confirming our right to build this housing, and remain committed to bringing this much-needed housing to the community,” Eden Housing President and CEO Linda Mandolini said in a statement.

“We are eager to finally move this important project forward,” she added.

Leading up to the court’s rejection this month, the city council approved a resolution in 2022 to authorize the execution of an amended and restated disposition, development and loan agreement (DDLA) for the housing and park project.

After city officials declined to process a referendum petition aiming to overturn the council’s approval of the 2022 resolution, MEH brought the issue to court. The petitioners lost in trial court, but the appellate court ruled in favor of MEH, determining that the resolution was subject to referendum because it included the construction of and improvements to Veterans Park.

Upon being presented with the options of rescinding the 2022 resolution or taking the issue to voters in 2024, the city council voted to rescind the resolution. Immediately after rescinding the 2022 resolution, the council approved a nearly identical resolution to ratify, reaffirm and readopt the DDLA, minus provisions related to Veterans Park.

MEH filed another lawsuit wherein the trial court sided with the group, determining that the city council prematurely approved the 2024 resolution because the election code’s one-year waiting provision had been violated.

The appellate court later overruled the trial court decision, determining the city was permitted to readopt a development agreement in 2024 for the housing project, sans Veterans Park.

MEH was unsuccessful in challenging the appellate court decision, leading the group to seek review by the California Supreme Court.

Winston Stromberg, an attorney for MEH, did not respond to a request for comment as of Monday morning.

“We are deeply grateful to the City of Livermore and our many partners for their steadfast leadership and support throughout this effort,” Mandolini said in a statement.

“Had it not been for these meritless lawsuits, 130 families would have already been living in high-quality, affordable homes for the past two years,” she added.

City officials declined to comment on the recent win, instead directing Livermore Vine to the Eden Housing website.

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Jude began working at Embarcadero Media Foundation as a freelancer in 2023. After about a year, they joined the company as a staff reporter. As a longtime Bay Area resident, Jude attended Las Positas...

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