Federal Court rules Center for Biological Diversity and "collection of non-profit conservation groups" fail to show threat of irreparable harm at Sharp Park.
San Francisco. November 29.
Federal Judge Susan Illston today issued an Order Denying Plaintiffs' Motion for a Preliminary Injunction at Sharp Park Golf Course. The plaintiffs, "a collection of non-profit conservation groups" led by the Tucson-based Center for Biological Diversity, had sought an order to halt mowing on Holes 9-18 and to halt winter flood-relief pumping at the 80-year-old golf course. Noted architect Robert Trent Jones, Jr. submitted a declaration to Court, saying that if granted, the relief sought by the plaintiffs would effectively mean destruction of the Alister MacKenzie-designed course.
In a 15-page ruling, Judge Illston said she denied the motion because she found that the plaintiffs "failed to establish the likelihood of irreparable harm" to the California red-legged frog or the San Francisco garter snake. Judge Illston, a veteran Federal Judge who last year presided at the Barry Bonds case, heard oral arguments in the Sharp Park case on November 18. Trial in the case is scheduled for July 16, 2012.
To read a copy of Judge Illston's opinion, click here.