Clock Is Ticking as City Awaits Decision on Coal Terminal Appeal
On Tuesday, a three-judge panel of the California Court of Appeal heard oral argument on the City’s appeal from a 2024 court decision that would give developer Phil Tagami and his associates another two-and-a-half years to get construction of a marine export terminal underway on the West Oakland waterfront. The court has until late July to issue its decision.
In January 2024, Alameda Superior Court Judge Noël Wise denied OBOT’s claims for $159.6 million in damages but granted restoration of OBOT’s lease which the City of Oakland had declared terminated in 2018. The City appealed the portion of Judge Wise’s decision restoring the lease.
Only 15% of appeals are successful. Appeals courts generally accept as true the factual findings of the lower court, particularly in cases like this one, where there was a months-long trial, mountains of evidence, and a lengthy court decision full of factual findings designed to make the judgment “appeal-proof.”
Associate Justice James Richman did nearly all of the questioning from the bench during the 20 minutes allotted to each side. His questions for Danielle Leonard of Altshuler Berzon, representing the City, expressed skepticism towards the City’s case. From the start, he displayed a strong inclination to defer to Judge Wise and discount the substantial legal arguments presented in the City’s briefs.
“Listening to you and your eloquence and your emotion, how is it that a judge listening to all this for weeks writes a 95 page statement of decision rejecting your position basically every step of the way?”, asked Justice Richman.
Throughout the proceeding, Presiding Justice Therese Stewart said little and Associate Justice Marla Miller said nothing.. It is impossible to know whether they share Judge Richman’s hostility to the City’s case, but none of the justices posed questions to challenge OBOT’s legal arguments. As a result, OBOT’s lawyer used up less than half his allotted time.
Video of the oral argument has been posted on the Court of Appeals’ website.
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Featured image: Oakland’s counsel, Danielle Leonard (lower left), argues City’s appeal before panel consisting of Justices James A. Richman, Therese M. Steward, and Marla J. Miller (left to right). Screenshot of court video recording.