The state appellate court has rejected Save Livermore Downtown's petition for a rehearing after previously denying the group's appeal against the city's approval of a 130-unit affordable housing development.

The court also opted to certify its ruling as a published opinion, granting requests submitted from multiple organizations throughout the month of January, including the city of Livermore and developer Eden Housing, Inc. as well as the California Building Industry Association and state deputy attorney general Andrew R. Contreiras, among others.

Presiding Justice Alison M. Tucher authored the opinion and Justices Carin Fujisaki and Ioana Petrou concurred.

"The City of Livermore is pleased that the Court of Appeals denied the request for rehearing and that it reaffirmed its decision which upheld the City of Livermore's approval of the project, and contains its determination that Save Livermore Downtown's lawsuit was meritless," city attorney Jason Alcala told Livermore Vine in an email.

"The City also appreciates the Courts' decision to publish the opinion so that it becomes binding law in California. The decision has garnered significant interest to curb the abuses inherent in CEQA litigation that enable parties to needlessly delay much needed housing projects," Alcala added.

SLD filed its appeal last April after the initial lawsuit was denied in Alameda County Superior Court back in February of 2022.

The appellate court's decision marks another setback for the group that has been advocating for the housing to be relocated to an undetermined location and for a public park to be built on the current project site in downtown Livermore instead.

SLD's case hinged on the argument that the plans for the project are inconsistent with the city's own Downtown Specific Plan and violate state environmental requirements.

However, the appellate court agreed with the trial court that SLD's arguments "lack merit" and determined that there was "no abuse of discretion in the trial court's ruling."

A request for comment from SLD was unsuccessful as of press time.