# Marina Safeway developer dropped from lawsuit

> Neighbors remove Align Real Estate from lawsuit over Marina Safeway project.
- Title: Marina Safeway developer dropped from lawsuit | Shortify
- Summary: Neighbors remove Align Real Estate from lawsuit over Marina Safeway project. Neighbors removed Align Real Estate from a federal lawsuit targeting Marina…
- Keywords: marina safeway, align real estate, pg&e, city approval, federal lawsuit, ceqa claim, historical resource, ab 2011, 848 units, safeway grocery, The San Francisco Standard
- Source: The San Francisco Standard — https://sfstandard.com/2026/11/13/marina-safeway-lawsuit-drops-align-real-estate
- Published: 2026-11-13T22:41:38+00:00
- Read time: 1 min
- Topics: marina safeway, align real estate, pg&e, city approval, federal lawsuit, ceqa claim, historical resource, ab 2011, 848 units, safeway grocery, news, local
## 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.
## Key takeaway

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.