Ohhhh, look. Look, he's saying his first words. It's a bit jumbled, what is he saying?
Honey, I think you are reading too much Berkeley Daily Planet to him. Let's...........calm down with all that.
Luckily, we don't have the same problem as Baby (we also are not in a corner). So, let's take this down BDP style.
While the university lawyer and its chief spokesperson called the judge's comments at the hearing a victory for the school, Stephan Volker, an attorney for a group of plaintiffs which includes the California Oak Foundation and the late Berkeley City Councilmember Dona Spring, said part of the win was for his team.
“We did prevail on several issues in this case,” he said. “The key ruling was that the Alquist-Priolo Act does apply to the university,” he told reporters after the hearing.
Volker said he is confident of eventual victory. “I have prosecuted over 100 appeals, and prevailed in about 85 percent of them,” he said.
Wait, wasn't it like won every one yesterday? His victory number is decreasing by the minute!
Zachary Running Wolf, the Native American who launched the treesit on Big Game Day 2006 less just weeks after the UC Board of Regents approved the gym project and related developments, said that the struggle isn’t over, even if the legal battle is lost.
“We’ll keep fighting,” he said.
I smell Civil War Reenactment! Ok, who wants to be Union and who wants to be Confederacy?
Actually, wouldn't it be awesome if someday we had Tree-Sit reenactments? Except for the side who had to throw their own feces. Rough for them. Rough.
Berkeley's side to the story:
BERKELEY - Alameda County Superior Court Judge Barbara Miller heard oral arguments Thursday on UC Berkeley's request that she modify her injunction and allow construction of the Student-Athlete High Performance Center to begin.
After Miller stated for the record that she saw the university as "the primary prevailing party" in the litigation, campus attorney Charles Olson noted that every additional day of delay is costing the university $47,000 in increased construction costs and security expenses. "It is time for this case to come to an end," Olson said. "It is time to end the grave harm that is being done to the campus."
In response, attorneys for the petitioners argued that any decision on the injunction should not impede their ability to appeal, should they choose to pursue that course of action.
At the hearing's close, the judge said she would make her decision "very quickly," but gave no indication about when, exactly, the ruling will be ready.
Stephan Volker, attorney for the oak tree advocates, said the university's request for a $1.5 million bond from the plaintiffs is shameful.
"My clients do not have the means to afford that," he said. "Requiring that kind of bond is essentially slamming shut the courthouse doors to us."
Next time there is a hearing, we should all dress up like crazy fans of jurists and chant "SLAM THAT DOOR!" "SLAM THAT DOOR!" We can each stand in a row and paint a letter on our chest to write out words like "P-O-S-N-E-R" or "S-C-A-L-I-A."
That will in no way backfire.
A bunch of Cal news that isn't new to us from Rusty at the Chron.
An Okanes article on that book we keep hearing about "Talent Is Not Enough." If we kick butt this season, I'm buying that book. This is like the 5th time I've heard about it.
CBS article on the hearing. Reasonable. I didn't know this tidbit:
Berkeley City Council scheduled executive sessions for Friday and Tuesday nights so that it can decide on an appeal if necessary.
I thought it was only Tuesday. Hmmm. Reduced to this argument, the plaintiffs are:
"The fact is when you cut these trees down, they're not growing back in our lifetimes," said Michael B. Lozeau, attorney for the Panoramic Hill Association, a neighborhood group opposing the new sports center. "If the trees are cut, they're gone."
I have to go burp this DBD. Just wanted to bring your attention to this: Spazzy McGee has a letter he wrote to the Berkeley City Council. It cannot hurt to make our voices heard (esp. and I mean ESP. if you are constituents, please make that clear). Of course, please show the type of class and dignity we've come to expect not only from Jeff Tedford and Sandy Barbour, but any representative of Cal.