July 23, 2008

BERKELEY - The University won a resounding court victory late Tuesday afternoon, as Alameda County Superior Judge Barbara Miller agreed to allow the campus to begin construction of the Student-Athlete High Performance Center.

The judge issued her decision in response to the university's request that she modify her longstanding injunction and clear the way for construction of the facility. Deciding in the campus's favor on every outstanding issue, Miller ruled that the injunction will be automatically dissolved in seven days, and that the concessions offered by the university regarding construction plans and non-football events are consistent with the law. Under the ruling, petitioners will be responsible for 85 percent of litigation costs. (See the full text of the ruling and other background documents.)

"We are very pleased with this decision, and see it as confirmation that everything the university has done in connection with this project is fully compliant with the law and completely consistent with our desire to provide our student-athletes with safe and suitable facilities," said campus spokesman Dan Mogulof. "We look forward to the start of a construction process that will begin with the new Student-Athlete High Performance Center and culminate with the seismic retrofitting and modernization of California Memorial Stadium."

Added Mogulof: "In the wake of this long and difficult litigation, we also look forward to working with our neighbors and the city on building a strong, collaborative relationship to address a broad spectrum of shared interests." Once the university has had a chance to fully analyze the court's decision, he said, "all of the available options" will be considered, and additional information about next steps will be made public.

The Office of Public Affairs on campus will provide periodic updates on the Student-Athlete High Performance Center, with additional information on the berkeley.edu website.