The Lawsuit

(paused)

By mutual agreement with the City, our legal challenge is now paused, because the City has clarified that it hasn’t taken a final action yet. We have therefore agreed with the City to dismiss our current Writ Petition and Complaint — without prejudice — which means nothing was decided on the merits and we retain the full right to refile if it becomes necessary.

In April 2025, Save Downtown Menlo filed its lawsuit (click here to read it) after the City issued an RFQ in January. We filed then because challenges to city land-use decisions must be brought within 90 days of the action.

Both parties have since agreed that litigation is unnecessary for now because the City has clarified that it has not taken a final action to convert the downtown parking plazas to housing. Continuing the current lawsuit would waste taxpayer and community resources on a procedural question of ripeness—that is, whether there is a ‘final’ decision or action that is ready for the court to decide. Accordingly, we and the City have agreed to step back from the lawsuit at this time and submit a stipulation for voluntary dismissal without prejudice; nothing has been decided on the merits, and we can return to court if the City takes further, final, action to repurpose the plazas.

What this means

• We keep all legal rights and can refile if the City acts.

• No court ruled against any of our claims.

We are now focusing our time and resources where they matter most: organizing our community and protecting a vibrant, accessible downtown. Our Citizens’ Initiative is in full swing!