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 On June 24, 2024 the council repealed the 2022 resolution and readopted the agreement without the park.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.
City Council · Court · Judge Frank Roesch · Judge Michael Markman
| Date | Event | What the record shows |
|---|---|---|
| January 1, 2008 | City Purchases Downtown Site for Affordable Housing | The 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, 2021 | City 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, 2021 | Save Livermore Downtown Files Initial CEQA Lawsuit | Save 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, 2022 | Trial Court Denies Save Livermore Downtown Petition | On 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, 2022 | Move Eden Housing Collects 8,000+ Signatures for Referendum | Move 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, 2022 | AG Bonta Files Amicus Brief — Warns of Tax Credit Threat | California 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, 2022 | Eden Housing Closes Escrow on Downtown Site | Eden 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, 2022 | Court of Appeal Rejects Save Livermore Downtown Appeal | On 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, 2023 | California Supreme Court Denies SLD Petition | The 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, 2024 | Court Orders City To Process Referendum Petition | On 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, 2025 | Council Readopts Agreement Again, 4-1 | After 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, 2025 | Court of Appeal Upholds Readoption Without Park | In 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, 2026 | California Supreme Court Denies Move Eden Housing Petition | The 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, 2026 | Ground Broken on Downtown Livermore Apartments | Eden 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, 2026 | Judge Denies Opponents' Fee Request | Judge 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/ |
| Date | Body | Action | Vote | Staff rec. | Source |
|---|---|---|---|---|---|
| May 25, 2021 | City Council | approved | 5–0 | Unknown | Pleasanton Weekly: https://www.pleasantonweekly.com/news/2021/05/25/livermore-council-approves-affordable-housing-development-in-downtown |
| February 4, 2022 | Court | ruling issued | — | Unknown | Pleasanton Weekly: https://www.pleasantonweekly.com/news/2022/03/01/livermore-both-sides-react-to-recent-ruling-in-eden-housing-lawsuit/ |
| December 28, 2022 | Court | ruling issued | — | Unknown | The 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, 2023 | Court | ruling issued | — | Unknown | Allen 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, 2024 | Court | ruling issued | — | Unknown | Court of Appeal opinion: https://caselaw.findlaw.com/court/ca-court-of-appeal/115938171.html |
| June 24, 2024 | City Council | approved | — | Unknown | Pleasanton Weekly: https://www.pleasantonweekly.com/city-politics/2025/07/30/ratify-reaffirm-readopt-livermore-council-again-endorses-eden-housing-project-provisions/ |
| July 28, 2025 | City Council | approved | 4–1 | Unknown | Pleasanton Weekly: https://www.pleasantonweekly.com/city-politics/2025/07/30/ratify-reaffirm-readopt-livermore-council-again-endorses-eden-housing-project-provisions/ |
| October 7, 2025 | Court | ruling issued | — | Unknown | California Lawyers Association: https://calawyers.org/real-property-law/california-case-summary-update-november-2025-real-property-case-summaries/ |
| January 14, 2026 | Court | ruling issued | — | Unknown | Livermore Vine: https://www.livermorevine.com/courts/2026/01/20/state-supreme-court-rejects-livermore-citizen-groups-petition-to-review-eden-housing-appeal/ |
| July 31, 2026 | Court | ruling issued | — | Unknown | 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/ |
Rating 4 of 5. Primary records for the key facts; minor details may rest on reporting. Corrections: https://whokilledthebuilding.com/corrections.