DANVILLE -- The SummerHill development may have won its go-ahead from the Danville Town Council, but its opponents aren't through fighting.

The group Save Open Space-Danville filed a lawsuit against the town of Danville and the Danville Town Council in Contra Costa County Superior Court on July 25, challenging the approval of the proposed 69-home development, and the certification of the project's environmental impact report.

SummerHill, approved by the town council in June, is a planned 69-home development for 38 acres of the 410-acre Magee Ranches property bordered by Diablo and McCauley roads.

In the suit, SOS-Danville claims that in approving the development, the town violated sections of the California Environmental Quality Act, the Danville General Plan, and Measure S, the town's open space initiative. The group is seeking a court order to rescind the approval, a clarification of Measure S stipulations regarding zoning changes, and attorney's fees. SummerHill Homes, Teardrop Partners, and Magee Investment Company are also named in the suit.

Contact Jeremy Thomas at 925-847-2184. Follow him at Twitter.com/jet_bang.



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