BAKERSFIELD, Calif. (KBAK/FOX58) — Alan Fenstermacher with Rutan & Tucker, the firm representing SASD Development Group, said the letter that was provided to the city from Channel Law Group mischaracterized his client.
SIMILAR: New VA clinic moves forward after years-council denies appeals from Progress for Bakersfield Veterans
“It’s so ironic that they would send that because the entire reason the project isn’t built today back, after our 2021 approvals is because they filed a lawsuit against us and the city, and we had to go back and do an EIR. So, that never been filed, that project would be built,” said Alan Fenstermacher.
“In my mind, it’s never, ever been the fault of the city at all,” he continued.
SIMILAR: Veterans frustrated after delays continue for new VA clinic
The letter included an email from 2021, and apparently between SASD and Veterans Affairs.
It stated that SASD was in disagreement with City attorney Virginia Gennaro’s decision to move forward with the mitigated negative declaration, a document that was eventually rescinded following the 2021 California Environmental Quality Act lawsuit.
This led to the preparation of the current environmental impact report.
“This is a clear example of what CEQA is not and should not be used for,” said Ward 1 Councilmember Eric Arias.
“I think it’s incredibly unfair that this process has taken so long.”
Fenstermacher agreed with Arias, calling it one of the worst cases of CEQA abuse he’s ever seen.
He also said during his time practicing, he’s never seen anything close to this level of opposition from one group for a building this small on an urban site.
During Wednesday’s meeting, veterans weren’t the only ones upset with Progress for Bakersfield Veterans.
“We have come up against roadblocks from the existing owner,” said Patty Gray, Ward 6 councilmember.
She went on to say he’s refused to update his clinic but continues to want to collect the hundreds of thousands of dollars in rent, with Patty Gray saying it was around $400,000.
Fenstermacher said he’s expecting future litigation, but feels confident his side will prevail.
“My clients are dedicated to seeing this through as long as it takes and unfortunately, timing is out of our control, but they’ve spent a lot of time and money on this so far,” he said.
“I’ve seen my client say he’s with the veterans till the end.”
Eyewitness News called and emailed both Channel Law Group and their attorney Jamie Hall this week once again for comment. So far, there’s been no response.
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