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Appeals court allows Malibu Legacy Park construction to proceed

July 27, 2010 |  3:19 pm

The California 2nd District Court of Appeal has denied Santa Monica Baykeeper's request to halt construction of Legacy Park, a 15-acre project in Malibu's Civic Center area that will double as a central park and stormwater capture facility.

Baykeeper filed suit against Malibu in April 2009, saying the city's environmental analysis of the project was inadequate. Last December, Los Angeles County Superior Court Judge Thomas I. McKnew dismissed the challenge. In March, Baykeeper appealed and asked the court to halt construction until the appeal could be completed. The court denied the appeal on July 21, enabling construction to continue with the aim of opening the park in October, with a facility that will disinfect and recycle stormwater.

"The city is anxious to get this clean water project operational before the next rainy season," Malibu Mayor Jefferson Wagner said in a statement.

Baykeeper Executive Director Liz Crosson noted that the court "hasn't decided on the merits of the case." The appeal is expected to be heard by the court early next year, the statement said.

-- Martha Groves