Court kills Foothill Freeway funding

A court ruling effectively ends efforts to build the "Foothill Freeway", a re-routing of Highway 238 that would have slashed its way through housing and open space on Hayward's hillsides.

On April 29 the Court of Appeals rejected Caltrans' appeal in a case brought by the Hayward Area Planning Association and Citizens for Alternative Transportation Solutions. The trial court's decision is thus affirmed - that funds from Alameda County's Measure B sales tax approved for Mission and Foothill Boulevards may not be spent on the bypass alignment, a different route.

Caltrans will probably appeal to the Supreme Court, but it is unlikely that the court will grant review. The plaintiffs will ask to be compensated for their legal expenses. The Sierra Club was not a party to the suit, but did provide $1,500, all of which was recovered by the Club because HAPA and CATS won their case at trial. Plaintiffs hope to recover more fees upon completion of appeal.

Our congratulations to attorney and Sierra Club activist Stuart Flashman, whose brains and patience over the seven years of the suit led to this success.

Sherman Lewis