Opponents end park challenge

A citizens group has ended its legal challenge to the Washington Square development in Marysville — a conclusion Mayor Bill Harris calls "really good news."

"We can put that behind us," Harris said Friday of the challenge by Citizens to Preserve Marysville's Parks. "I'm just really glad we're finally moving forward."

Citizens group member Beverly Hayes, however, said the city succeeded by neglecting the 2.4-acre park west of 10th and E streets. The city is selling the park for $450,000 to Washington Square developer Main & Main Investments of Chico.

"It seems the city of Marysville has exchanged the park for 30 pieces of sliver," Hayes said.

Yuba County Superior Court Judge Dennis J. Buckley, in a ruling last month ending a temporary court order barring construction at the site, described the park as in a state of decline, Hayes recounted.

She said the decision by the citizens group to end its legal challenge over whether the city complied with state environmental laws in the review of Was ington Square followed the judge's decision.

"We did not see any promise with continuing to pursue it," citizens group member Dale Whitmore said.

Development of the site means that 80-foot-tall trees will be replaced with some small ornamental "lollipop trees," he said.

"It as, as I understand it, a typical 2009 strip mall that will probably look very dated in about 20 years," Whitmore said.

"Everybody's not going to agree with what we do," Harris said of criticisms about the project planned. "I'm glad people are involved in discussions about Marysville's future."

Councilman Ben Wirtschafter, who opposed the development, said: "I remain optimistic that this developer can do something positive."

Officials with Main & Main Investments were unavailable for comment.

The court order halting the project stemmed from a lawsuit claiming the council's decision to sell part of Washington Square didn't take note of effects on aesthetics and air quality in the project's environmental impact report.

The city also improperly ceded its property for the project, according to the suit, which cited a portion of government code that stated a city can only do so when the land in question hasn't been used for park purposes, among other qualifiers.

Contact Appeal-Democrat reporter Ryan McCarthy at 749-4707 or rmccarthy@appealdemocrat.com.