Stop, Drop and Roll

July, 2 2007 - Another City Beltline Win (Judge rules for the city)

City Prevails Again in Alameda Belt Line Case
Today, Alameda County Superior Court Judge Jon Tigar ruled in the City of Alameda’s favor once again when he rejected Alameda Belt Line’s (ABL) motion for a new trial in its suit against the City over ownership of 40 acres of land the City sold to the railroad in the 1920s. After Judge Tigar ruled in the City’s favor last year, ABL filed a motion for a new trial.
Judge Tigar rejected ABL’s motion for a new trial today, reiterating that the definition of the price and other key terms of the disputed 1924 agreement were reasonably certain and, therefore, the agreement should be enforced. He also ruled that ABL failed to identify any missing information that was required to determine the City’s repurchase price.
In discussing today’s ruling, Mayor Beverly Johnson said, “I’m thrilled that Judge Tigar agreed with the City once again. Under the terms of our contract with ABL, we have the right to purchase this important asset for Alameda.”
The 1924 contract between the City and ABL stipulates that the City is entitled to repurchase the land for $966,027. The City originally sold the property for $30,000, with a provision that the railroad must sell it back at that cost, plus the cost of any additional investments and extensions, if the City chose to buy it back. The land includes a large rail yard, in addition to several smaller parcels. ABL now has 30 days to file an appeal of the Judge’s decision.
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