Notable Cases

Coalition to Save Open Space: Citizen Outcry
 
The Constitution gives people the right to be heard. The people are sovereign, not the temporary officeholders of a governing body. When government officials do not even allow meaningful public discussion to take place, public protest should occur.

Citizen outcry was the result when the Santa Clara County Board of Supervisors, without regard to the wishes of the surrounding community, unanimously gave developer Rocke Garcia approval to build a golf course on Boulder Ridge in the Almaden Valley of San Jose.

The neighbors, 250 Almaden Valley residents who formed the Coalition to Save Open Space (SOS), sued the supervisors for their approval of the course and forced the Board to take a second look at the project. McManis Faulkner represented SOS.

It was a four-year battle that moved through various courtrooms and government forums. What were the results?

• The golf course was not the biggest issue - the neighbors did not want houses on the boulder-strewn ridge. The original approval contained provisions written by Garcia's attorney allowing such development. The final settlement allowed the golf course, but put restrictions on the land so that the ridge is permanently spared from home development.
• The citizens, outraged by the original, insider dealing persuaded the supervisors to approve new limits on campaign practices and lobbying to give the county a new campaign ethics ordinance.
• The country has new rules for evaluating the environmental impact of golf courses.
• There are also new rules to assure joint planning between cities and the county on developments just outside city borders.
• Community activism prevailed.

In a San Jose Mercury News editorial "Golf course battle should be a lesson for new board" the question was asked, "Was all the fuss for nothing?" and answered, "Not in our view." It wasn't in ours either. People have a right to be heard.