OBOT seeks to clear path for coal terminal while court decision is on appeal
UPDATE: The hearing described below has been rescheduled to Tuesday, July 23, 2024 at 1:30 pm
OBOT is trying to proceed with plans to build a coal terminal on Oakland’s waterfront even as the City of Oakland is appealing the court ruling that found they may do so.
To that end, Phil Tagami – with his hedge fund backer Jon Brooks standing right behind him – has filed a motion to hold the City of Oakland in contempt for failing to immediately produce documents and permitting necessary to restart the coal terminal project following January’s ruling by ...
Dust Settles on Attorneys Fees and Costs in Coal Trial (for now)
Judge Wise denies nearly half of developer's fees and costs request.
New study: Oakland coal terminal would bring asthma, heart disease, hospitalization, and death
A new study describing health impacts of PM2.5 from coal trains in the San Francisco Bay Area – that is, small particulate matter from coal dust routinely spilled from trains transporting coal – was posted on April 18, 2024 in the peer-reviewed journal Environmental Research.
As summarized in a press release from UC Davis, where lead author Dr. Bart Ostro is an epidemiologist with the Air Quality Research Center, “Trains carrying loads of coal bring with them higher rates of asthma, heart disease, hospitalization and death for residents living nearest the rail ...
Courtroom Battle Unfolds Over Developer’s Claim for Attorneys’ Fees and Costs
On April 3, Judge Noël Wise will hear arguments over developer Phil Tagami’s claim for $12.8 million of attorneys’ fees and costs based on partial victory in his breach of contract lawsuit against the City of Oakland.
$1B lawsuit filed by Insight Terminal Solutions against City of Oakland
Yesterday, Insight Terminal Solutions (ITS), a shell company owned by hedge fund operator Jon Brooks, filed a frivolous lawsuit against the City of Oakland claiming losses of over a billion dollars stemming from the City’s termination of Phil Tagami’s lease in 2018.
ITS negotiated a sublease of the 19-acre West Oakland site days before the City declared Tagami’s lease terminated for failure to meet his deadline to get construction of a marine export terminal underway. A state court judge ruled in January that the City acted prematurely and should have given ...
City to appeal decision in OBOT v Oakland
The City of Oakland will appeal Judge Wise's decision in OBOT v Oakland.
The City's attorneys filed formal notice on January 23, 2024, the same day Judge Wise filed her final, formal judgement in the case. The simple form the City filed indicated only an intent to appeal; it was posted on the court's e-Portal yesterday, January 24th.
The City's argument(s) to the California Court of Appeals will not be disclosed until the City files its opening brief.
Stay tuned ... it looks like OBOT v Oakland isn't over yet.
Image credit: Alpha ...
NCIO Vows To Keep Up the Fight as Court Issues Final Judgment
Coal terminal trial ends in split decision. No Coal in Oakland warns, "Investors, beware. There will never be a coal export terminal in Oakland."
OBOT elects to continue development of West Gateway terminal
Late this afternoon, on January 8, 2024, Judge Noël Wise published her Proposed Judgment in OBOT v Oakland. Parties may file objections or comments by Friday January 12, 2024 at 4:00 pm, at which point Judge Wise will determine whether to schedule a hearing for oral argument prior to finalizing her judgment.
As reported on December 25, the Judge’s final decision on remedies (published on December 22nd) directed that “Tagami now has a choice between walking away from the project with a mere $317,683 or resuming efforts to build the terminal with a new deadline to ...
Court Affirms: Tagami’s “Lost Profits” Claim Fails Bigly
On December 22, Judge Noël Wise brought a “Joyeux Noël” (French for “Merry Christmas”) to litigation-weary Oakland and a lump of coal for developer Phil Tagami whose victory in the liability phase of the trial has been cut to size by the judge’s final decision on the remedies from which Tagami must choose.
In her final decision in the state court battle between Phil Tagami’s OBOT and the City of Oakland, Alameda County Superior Court Judge Noël Wise slashed OBOT’s $159.6 million damages claim, offering less than a fifth of a penny on the dollar. Tagami ...
Chump Change or Steep Road to Coal: Court Narrows Tagami’s Options
In a proposed statement of decision issued Monday, Judge Noël Wise slashed OBOT’s $159.6 million damages claim, leaving developers with a choice between walking away from the project with a paltry $317,683 or resuming efforts to build the terminal with an extension of their initial construction deadline to June 2026. Phil Tagami’s team has until January 5 to pick between these two remedies.
This is a big loss for OBOT. In their final pitch, the developers sought an opportunity to choose between $159.6 million to walk away or $24.6 million if they want to go ahead ...
