Monterey Peninsula Unified School District again prevails in court regarding the long-delayed Monterey High School Stadium Improvements Project
For Immediate Release
February 7, 2024
Contact: Marci McFadden, Chief of Communication
831-706-6971
Monterey Peninsula Unified School District again prevails in court regarding the long-delayed Monterey High School Stadium Improvements Project
Court denies attorney fees and costs to plaintiffs in
Monterey High School Stadium Project Lawsuit
Monterey, CA – In the latest blow to a series of legal challenges seeking to delay or stop the Monterey High School Stadium Project, on February 2, 2024, Judge Thomas Wills of the Monterey County Superior Court issued an order denying the plaintiffs’ request for attorneys’ fees and costs in the case of Preserving the Peace v. Monterey Peninsula Unified School District.
Plaintiffs had sought over $400,000 in fees and costs, claiming that they had prevailed in their California Environmental Quality Act (“CEQA”) lawsuit against the project. The court concluded that while plaintiffs had found some “minute blemishes” in the Environmental Impact Report (“EIR”) which were “easily remedied,” they had not prevailed in the lawsuit, for a number of reasons.
The court recognized that the “plaintiff’s primary litigation objective and relief sought was to have the EIR set aside . . . and to prevent completely the proposed project.” The plaintiffs failed to achieve that result, and therefore were found not to have prevailed. The court also concluded that petitioners’ lawsuit “did not confer a significant benefit on the general public or large class of persons.” Further, the court observed that “there is abundant evidence in the administrative record . . . that the residents of the Monte Vista Neighborhood (including the Peter’s Gate neighborhood within) adjoining the MPUSD high school campus were motivated at least in part by concerns over their property values well before the institution of this suit.” Thus, the plaintiffs were acting at least partly in their own self-interest, rather than seeking to confer benefits to the broader community.
Following a prior ruling by the court finding that Monterey Peninsula Unified School District (“MPUSD”) was now in full compliance with CEQA, the MPUSD Board of Education on January 9, 2024, adopted an addendum to the prior Environmental Impact Report addressing the addition of an Americans with Disabilities Act (“ADA”) compliant path and revision of drainage plans. At that meeting, the Board also approved the litigation-delayed stadium project, and gave the green light for staff to go out to public bid on the project.
The project will construct necessary improvements to the Dan Albert Stadium at Monterey High School and additional athletic facilities on campus, including:
- Converting an existing dirt field adjacent to the Dan Albert Stadium that is used for overflow parking into a softball/multi-use field
- A 1,920 square foot strength and conditioning center
- Improvements to the track and field event area
- Four new, permanent field lights at Dan Albert Stadium
- Renovation of the stadium to be compliant with the ADA
- Replacement of the temporary press box
- New public address system
- Installation of separate visitor bleachers on the opposite side of the stadium
Plaintiffs continue to appeal Superior Court’s CEQA ruling. Additionally, plaintiff’s counsel continues in an effort to pursue a separate lawsuit, from which MPUSD was previously dismissed by the court, against the Division of State Architect for approving the plans for the stadium project.
“Despite the plaintiffs’ time-consuming and costly efforts to stop the stadium project, and particularly the addition of stadium lighting that is intended to increase student safety and to allow for limited nighttime athletic events on campus, the district continues to move forward,” says Superintendent PK Diffenbaugh. He adds that “the Board of Education has been resolute that these improvements are in the interests of our students and community, and we have seen broad support from parents, teachers and students at Monterey High School and elsewhere in the community for this project.”
“We are extremely pleased with the outcome of the court’s ruling on attorney fees,” explained Monterey High School Principal Tom Newton. “Every dollar that we can avoid spending on this protracted litigation is a dollar that can be used for the benefit of our deserving students.”
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