From The San Francisco Standard · · 1m 30s
Marina Safeway developer dropped from lawsuit
Neighbors remove Align Real Estate from lawsuit over Marina Safeway project.
In brief
Neighbors remove Align Real Estate from lawsuit over Marina Safeway project. Neighbors removed Align Real Estate from a federal lawsuit targeting Marina Safeway's city approval, shifting legal strategy to block construction without naming the developer. Originally reported by The San Francisco Standard.
Neighbors remove developer from lawsuit
Neighbors and two advocacy groups removed Align Real Estate from the federal lawsuit targeting Marina Safeway's city approval.
Lawsuit targets city approval
The revised complaint seeks to cancel Align Real Estate’s approval of a 22-story Marina Safeway tower while claiming city officials acted with deliberate indifference.
Historical resource status
The 1959 Safeway building was listed on the Register of Historical Resources since 2015, potentially disqualifying the project from fast-track approval under AB 2011.
Legal strategy shift
By dropping Align Real Estate, neighbors avoid direct court orders against the company but still seek to block city permits for the 848-unit project.
AB 2011 approval process
Align Real Estate used AB 2011 to get the 848-unit Marina Safeway project approved without public hearing, claiming the building was never listed on the Register.
Court handling
The case is now before U.S. District Court Judge Araceli Martínez-Olguín, who was appointed in 2023 by President Joe Biden.
Developer response
Align’s co-managing partner David Balducci said the lawsuit shift allows construction to proceed with 848 homes and a new Safeway grocery store.
Plaintiffs' next move
Plaintiffs claim the city has not formally removed the building from the Register of Historical Resources despite 2015 and 2020 reviews.
What it means
Neighbors removed Align Real Estate from a federal lawsuit targeting Marina Safeway's city approval, shifting legal strategy to block construction without naming the developer.
