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Who Killed the Building? · Case brief · October 22, 2026

Downtown Livermore Apartments (Eden Housing)

Livermore · Alameda County · California · https://whokilledthebuilding.com/projects/livermore-eden-housing-2022

Downtown Livermore Apartments is a 130-unit affordable housing development by the nonprofit Eden Housing, Inc. at the southeast corner of Railroad Avenue and L Street in downtown Livermore, on a parcel the city acquired in 2008 with affordable housing funds. The plan is two four-story buildings with one- to three-bedroom apartments for households earning 20 to 60 percent of the Alameda County area median income. The City Council approved the project unanimously on May 25, 2021, finding that it complied with the state density bonus law, CEQA and the Housing Accountability Act. Save Livermore Downtown sued in June 2021. Alameda County Superior Court Judge Frank Roesch required the group to post a $500,000 bond to cover Eden's delay costs and denied its petition on Feb. 4, 2022; Eden said the delay required it to return a $68 million award of Low-Income Housing Tax Credits. The First District Court of Appeal affirmed on Dec. 28, 2022, and the California Supreme Court denied review on April 19, 2023. A second group, Move Eden Housing, submitted a referendum petition on July 8, 2022 against the council's May 24, 2022 resolution approving an amended agreement with Eden that included work on Veterans Park, and the city clerk refused to process it. On March 6, 2024 the Court of Appeal ordered the city to process the petition and reversed a $500,000 bond the trial court had required of the group. On June 24, 2024 the council repealed the 2022 resolution and readopted the agreement without the park. Judge Michael Markman ruled in November 2024 that the readoption was premature under the Elections Code; the council readopted the agreement again by a 4-1 vote on July 28, 2025, and on Oct. 7, 2025 the Court of Appeal reversed Markman. The California Supreme Court denied Move Eden Housing's petition for review on Jan. 14, 2026. Eden broke ground on May 18, 2026, and the project is expected to be finished by October 2028. On July 31, 2026 Markman denied Move Eden Housing's request for $779,623 in attorneys' fees from the city and Eden.

Project facts

JurisdictionLivermore, Alameda County
StatusUnder Construction
Project typeMultifamily Rental
AddressRailroad Avenue & South L Street, Livermore, CA 94550
Units proposed130
Affordable units130
Floors4
Date filedJanuary 1, 2021
Date approvedMay 25, 2021
Delay48 months
Documented cost of delay$68,000,000
Housing elementIn compliance (HCD)

Mechanism and what it did

Decision-making bodies

City Council · Court · Judge Frank Roesch · Judge Michael Markman

Timeline

DateEventWhat the record shows
January 1, 2008City Purchases Downtown Site for Affordable HousingThe City of Livermore purchases the former Lucky California grocery store site at Railroad Avenue and L Street in downtown Livermore, with the explicit intent to develop affordable housing. Nearly two decades will pass before groundbreaking. City of Livermore: https://www.livermoreca.gov/departments/community-development/downtown/eden-housing-downtown
May 25, 2021City Council Unanimously Approves Project (5-0)The Livermore City Council votes 5-0 to approve the Eden Housing project under the Density Bonus Law and a CEQA exemption (Government Code section 65457). Mayor Woerner warns a no vote would be an absolutely irresponsible risk. Vice Mayor Munro: "I'm simply being asked to confirm Eden Housing has met the conditions to build." Patch: https://patch.com/california/livermore/livermore-sued-over-eden-housing-low-income-project
June 1, 2021Save Livermore Downtown Files Initial CEQA LawsuitSave Livermore Downtown files a lawsuit in Alameda County Superior Court challenging the city's approval of the Eden Housing project, arguing the city improperly rushed through approval without regard to inconsistencies with the Downtown Specific Plan. Patch: https://patch.com/california/livermore/livermore-sued-over-eden-housing-low-income-project
February 4, 2022Trial Court Denies Save Livermore Downtown PetitionOn Feb. 4, 2022, Alameda County Superior Court Judge Frank Roesch denies Save Livermore Downtown's petition, saying its CEQA arguments were "almost utterly without merit." On Sept. 27, 2021 he had granted Eden Housing's request for a $500,000 bond from the group to cover "costs and damages incurred as a result of the affordable housing project's delay." SLD appeals. Eden Housing CEO Linda Mandolini: "The delays created by this action required Eden to return a $68 million award of Low-Income Housing Tax Credits." Pleasanton Weekly: https://www.pleasantonweekly.com/news/2022/03/01/livermore-both-sides-react-to-recent-ruling-in-eden-housing-lawsuit/
July 8, 2022Move Eden Housing Collects 8,000+ Signatures for ReferendumMove Eden Housing submits a petition with over 8,000 signatures seeking a referendum to put the project to a public vote. City Clerk Marie Weber denies the referendum petition on grounds the city's action was administrative, not legislative, and therefore not subject to referendum. Patch: https://patch.com/california/livermore/livermore-sued-over-eden-referendum-refusal
August 9, 2022AG Bonta Files Amicus Brief — Warns of Tax Credit ThreatCalifornia Attorney General Rob Bonta files an amicus brief urging the Court of Appeal to expedite review because the ongoing litigation is threatening Eden Housing's ability to retain its tax credit financing. "Timing is critical for affordable housing projects, which often rely on time-sensitive funding sources like tax credits." The AG notes the trial court found the lawsuit was brought for delay. The $68M tax credit award had already been returned by this point. CA Attorney General: https://oag.ca.gov/news/press-releases/attorney-general-bonta-urges-court-expedite-review-ceqa-lawsuit-jeopardizing-new
September 7, 2022Eden Housing Closes Escrow on Downtown SiteEden Housing closes escrow on the 38,000 sq ft property at Railroad Avenue and L Street. Mayor Woerner presents Eden Housing representatives with framed copies of the grant deed at a ceremony. The site remains a parking lot pending resolution of the lawsuits. Patch: https://patch.com/california/livermore/livermore-officials-three-new-downtown-properties
December 28, 2022Court of Appeal Rejects Save Livermore Downtown AppealOn Dec. 28, 2022, the First District Court of Appeal issues its opinion in Save Livermore Downtown v. City of Livermore (Case No. A164987; 87 Cal.App.5th 1116) upholding the approval and CEQA exemption. The court finds SLD's claims lack merit "so much so that the inherent weakness of these claims further supports the trial court's finding that [SLD] brought this action to delay the project." In January 2023 the court certified the opinion for publication at the request of the city, Eden Housing, Attorney General Rob Bonta and others. Cal Cities: https://www.calcities.org/home/post/2023/02/01/livermore-ruling-helps-protect-projects-from-meritless-ceqa-lawsuits
April 19, 2023California Supreme Court Denies SLD PetitionThe California Supreme Court declines to hear Save Livermore Downtown's petition for review. Former mayor Bob Woerner says SLD's $500,000 bond "can now be paid to Eden Housing as partial compensation." This ends SLD's litigation. However, Move Eden Housing continues its separate referendum lawsuit. Land Use Developments: https://www.landusedevelopments.com/2023/01/court-rejects-meritless-challenge-to-livermore-affordable-housing-project/
March 6, 2024Court Orders City To Process Referendum PetitionOn March 6, 2024, in Move Eden Housing v. City of Livermore (A167346), the First District Court of Appeal rules that the 2022 resolution was a legislative act subject to referendum, orders the city to process the petition, and reverses the $500,000 bond the trial court had required of the group. On June 24, 2024 the council repeals the 2022 resolution and readopts the agreement without the Veterans Park provisions. JD Supra: https://www.jdsupra.com/authors/andrew-skanchy1/housing-developers
July 28, 2025Council Readopts Agreement Again, 4-1After a trial court ruled that the June 2024 readoption was premature under the Elections Code, the council votes 4-1 to ratify, reaffirm and readopt the agreement without the Veterans Park work. Ben Barrientos votes no and suggests a park instead. Pleasanton Weekly: https://www.pleasantonweekly.com/city-politics/2025/07/30/ratify-reaffirm-readopt-livermore-council-again-endorses-eden-housing-project-provisions/
October 7, 2025Court of Appeal Upholds Readoption Without ParkIn a second Move Eden Housing v. City of Livermore decision, the First District Court of Appeal reverses the trial court, holding that Elections Code section 9241 did not bar the 2024 resolution because it involved only administrative acts. California Lawyers Association: https://calawyers.org/real-property-law/california-case-summary-update-november-2025-real-property-case-summaries/
January 14, 2026California Supreme Court Denies Move Eden Housing PetitionThe California Supreme Court declines to hear Move Eden Housing's final petition for review. The group's Nov. 17, 2025 petition sought review of the Court of Appeal's ruling that the city could readopt the agreement without the park. Eden Housing CEO Linda Mandolini: "We are encouraged by the Court's decision and the numerous published opinions confirming our right to build this housing." Livermore Vine: https://www.livermorevine.com/courts/2026/01/20/state-supreme-court-rejects-livermore-citizen-groups-petition-to-review-eden-housing-appeal/
May 18, 2026Ground Broken on Downtown Livermore ApartmentsEden Housing and the City of Livermore hold a groundbreaking ceremony for the Downtown Livermore Apartments. Attendees include Mayor John Marchand, representatives for Senator Jerry McNerney, Assemblymember Rebecca Bauer-Kahan, CA Treasurer Fiona Ma, and HCD officials. Expected completion: October 2028. "Nearly two decades since the city of Livermore first purchased a parcel of land near the heart of its downtown with plans to build affordable housing, excavation has finally begun." (Pleasanton Weekly) Pleasanton Weekly: https://www.pleasantonweekly.com/housing/2026/05/19/parking-lot-to-housing-ground-breaks-on-long-awaited-downtown-livermore-apartments/
July 31, 2026Judge Denies Opponents' Fee RequestJudge Michael Markman denies Move Eden Housing's motion for $779,623 in attorneys' fees from the city, former city clerk Marie Weber and Eden Housing, writing that the petitioners "won the proverbial battle but lost the war." Pleasanton Weekly: https://www.pleasantonweekly.com/courts/2026/08/13/opponents-of-eden-housing-in-livermore-lose-bid-for-reimbursement-of-775000-in-attorneys-fees/

Decisions

DateBodyActionVoteStaff rec.Source
May 25, 2021City Councilapproved
Unanimous approval of the 130-unit project after a hearing that began May 24, 2021, with findings under the density bonus law, CEQA and the Housing Accountability Act.
5–0UnknownPleasanton Weekly: https://www.pleasantonweekly.com/news/2021/05/25/livermore-council-approves-affordable-housing-development-in-downtown
February 4, 2022Courtruling issued
Judge Frank Roesch denied Save Livermore Downtown's petition in Alameda County Superior Court.
—UnknownPleasanton Weekly: https://www.pleasantonweekly.com/news/2022/03/01/livermore-both-sides-react-to-recent-ruling-in-eden-housing-lawsuit/
December 28, 2022Courtruling issued
First District Court of Appeal affirmed the denial of Save Livermore Downtown's petition and upheld the $500,000 bond (A164987).
—UnknownThe Independent: https://www.independentnews.com/news/livermore_news/california-s-first-district-court-of-appeal-rejects-save-livermore-downtowns-appeal-of-design-and/article_3eaa145c-8c4e-11ed-b64c-f3a018c79472.html
April 19, 2023Courtruling issued
California Supreme Court denied Save Livermore Downtown's petition for review.
—UnknownAllen Matkins: https://www.allenmatkins.com/real-ideas/california-supreme-court-denies-petition-for-review-of-save-livermore-downtown-v-city-of-livermore.html
March 6, 2024Courtruling issued
Move Eden Housing v. City of Livermore (A167346): the city must process the referendum petition; the $500,000 undertaking order was reversed.
—UnknownCourt of Appeal opinion: https://caselaw.findlaw.com/court/ca-court-of-appeal/115938171.html
June 24, 2024City Councilapproved
Accepted the referendum petition's certification, repealed the 2022 resolution and readopted the agreement without the Veterans Park work.
—UnknownPleasanton Weekly: https://www.pleasantonweekly.com/city-politics/2025/07/30/ratify-reaffirm-readopt-livermore-council-again-endorses-eden-housing-project-provisions/
July 28, 2025City Councilapproved
Ratified, reaffirmed and readopted the amended and restated agreement, excluding Veterans Park. Ben Barrientos voted no.
4–1UnknownPleasanton Weekly: https://www.pleasantonweekly.com/city-politics/2025/07/30/ratify-reaffirm-readopt-livermore-council-again-endorses-eden-housing-project-provisions/
October 7, 2025Courtruling issued
First District Court of Appeal reversed the trial court's November 2024 ruling that the 2024 readoption violated Elections Code section 9241.
—UnknownCalifornia Lawyers Association: https://calawyers.org/real-property-law/california-case-summary-update-november-2025-real-property-case-summaries/
January 14, 2026Courtruling issued
California Supreme Court denied Move Eden Housing's petition for review.
—UnknownLivermore Vine: https://www.livermorevine.com/courts/2026/01/20/state-supreme-court-rejects-livermore-citizen-groups-petition-to-review-eden-housing-appeal/
July 31, 2026Courtruling issued
Judge Michael Markman denied Move Eden Housing's motion for $779,623 in attorneys' fees.
—UnknownPleasanton Weekly: https://www.pleasantonweekly.com/courts/2026/08/13/opponents-of-eden-housing-in-livermore-lose-bid-for-reimbursement-of-775000-in-attorneys-fees/

Sources

  1. Livermore council approves affordable housing development in downtown, Pleasanton Weekly (Cierra Bailey), May 25, 2021 [News Article]. https://www.pleasantonweekly.com/news/2021/05/25/livermore-council-approves-affordable-housing-development-in-downtown
  2. Livermore: Both Sides React to Recent Ruling in Eden Housing Lawsuit, Pleasanton Weekly, March 1, 2022 [News Article]. https://www.pleasantonweekly.com/news/2022/03/01/livermore-both-sides-react-to-recent-ruling-in-eden-housing-lawsuit/ Primary source for Linda Mandolini's $68 million tax credit statement — the most important quote in this entry. Essential.
  3. Attorney General Bonta Urges Court to Expedite Review of CEQA Lawsuit Jeopardizing New Affordable Housing Project in Livermore, California Attorney General, August 9, 2022 [Planning Document]. https://oag.ca.gov/news/press-releases/attorney-general-bonta-urges-court-expedite-review-ceqa-lawsuit-jeopardizing-new AG amicus brief press release. Primary source for Bonta's statement on tax credit timing and CEQA abuse. Confirms trial court imposed $500,000 bond.
  4. Livermore: Move Eden Housing ordered to post $500,000 bond amid lawsuit, Pleasanton Weekly (Cierra Bailey), October 19, 2022 [News Article]. https://www.pleasantonweekly.com/news/2022/10/19/livermore-move-eden-housing-ordered-to-post-500000-bond-amid-lawsuit/
  5. Livermore Ruling Helps Protect Projects from Meritless CEQA Lawsuits, League of California Cities, February 1, 2023 [News Article]. https://www.calcities.org/home/post/2023/02/01/livermore-ruling-helps-protect-projects-from-meritless-ceqa-lawsuits Best source for explaining the published opinion's significance as binding precedent. Confirms YIMBY Law, AG, and CBIA requested publication.
  6. Save Livermore Downtown v. City of Livermore (87 Cal.App.5th 1116) — CEQA Bond Analysis, CEQA Chronicles, February 1, 2023 [Court Filing]. https://www.ceqachronicles.com/2023/02/petitioner-required-to-post-bond-for-costs-incurred-as-a-result-of-delay-in-carrying-out-affordable-housing-project-in-livermore/ Best legal analysis of the Court of Appeal opinion and the $500,000 bond ruling under Code of Civil Procedure section 529.2. Essential for understanding the legal mechanism.
  7. California Supreme Court Denies Petition for Review of Save Livermore Downtown v. City of Livermore, Allen Matkins (Caroline Guibert Chase and Benjamin N. Patterson), April 20, 2023 [Other]. https://www.allenmatkins.com/real-ideas/california-supreme-court-denies-petition-for-review-of-save-livermore-downtown-v-city-of-livermore.html
  8. State Supreme Court rejects Save Livermore Downtown petition to review Eden Housing case, Pleasanton Weekly (Cierra Bailey), April 23, 2023 [News Article]. https://www.pleasantonweekly.com/news/2023/04/23/state-supreme-court-rejects-save-livermore-downtown-petition-to-review-eden-housing-case/
  9. Move Eden Housing v. City of Livermore (A167346), opinion filed March 6, 2024, California Court of Appeal, First District, Division Five (FindLaw), March 6, 2024 [Court Filing]. https://caselaw.findlaw.com/court/ca-court-of-appeal/115938171.html
  10. Court Rules City Violated Election Law, The Independent (Larry Altman), November 21, 2024 [News Article]. https://www.independentnews.com/news/livermore_news/court-rules-city-violated-election-law/article_98f3a506-a770-11ef-9fdb-e709800e98ef.html
  11. 'Ratify, reaffirm and readopt': Livermore council again endorses Eden Housing project provisions, Pleasanton Weekly (Jude Strzemp), July 30, 2025 [News Article]. https://www.pleasantonweekly.com/city-politics/2025/07/30/ratify-reaffirm-readopt-livermore-council-again-endorses-eden-housing-project-provisions/
  12. California Case Summary Update: November 2025 Real Property Case Summaries, California Lawyers Association (Monty A. McIntyre), December 2, 2025 [Other]. https://calawyers.org/real-property-law/california-case-summary-update-november-2025-real-property-case-summaries/
  13. State Supreme Court Rejects Livermore Citizen Group's Petition to Review Eden Housing Appeal, Livermore Vine, January 20, 2026 [News Article]. https://www.livermorevine.com/courts/2026/01/20/state-supreme-court-rejects-livermore-citizen-groups-petition-to-review-eden-housing-appeal/ Confirms California Supreme Court denied MEH's final petition (approximately January 15, 2026). Best source for confirming the end of all litigation.
  14. Parking Lot to Housing: Ground Breaks on Long-Awaited Downtown Livermore Apartments, Pleasanton Weekly, May 19, 2026 [News Article]. https://www.pleasantonweekly.com/housing/2026/05/19/parking-lot-to-housing-ground-breaks-on-long-awaited-downtown-livermore-apartments/ Most recent source — published 9 days before research date. Best source for groundbreaking confirmation, expected completion (Oct 2028), Mandolini statement on wasted costs, Branning quote.
  15. Opponents of Eden Housing in Livermore lose bid for reimbursement of $775,000+ in attorneys' fees, Pleasanton Weekly (Jude Strzemp), August 13, 2026 [News Article]. https://www.pleasantonweekly.com/courts/2026/08/13/opponents-of-eden-housing-in-livermore-lose-bid-for-reimbursement-of-775000-in-attorneys-fees/
  16. Downtown Livermore Apartments — Eden Housing Project Page, Eden Housing, Inc. [Other]. https://edenhousing.org/properties/downtown-livermore-apartments/ Developer project fact sheet. Contains full litigation timeline, unit details (130 units, 20-60% AMI), building descriptions (two four-story buildings), and groundbreaking information.

Data quality

Rating 4 of 5. Primary records for the key facts; minor details may rest on reporting. Corrections: https://whokilledthebuilding.com/corrections.