Photo by Jocelyn Knight
Hello, friends. Marin County Superior Court Judge James Chou just issued a tentative ruling that would deny the Tiburon Open Space (TOS) challenge to the County Board of Supervisors' decision to approve the environmental impact report for the Martha property. TOS challenged regarding important environmental concerns such as traffic safety, the steep construction road and water flow for fire fighting.
But then an interesting thing happened. Upon hearing additional oral arguments the following day, Judge Chou requested further written arguments due in two weeks. He apparently heard something that concerned him about his tentative ruling. We are encouraged by the judge’s further consideration, and will, with our attorneys, keep you apprised of developments. If you would like to read more about this, click here. We remind you that TOS is paying for the attorneys who are arguing on our behalf.
When last we spoke, we let you know that the critical Martha property appraisal process was soon to begin. We are pleased to report that Trust for Public Land (TPL) and the Martha Company have now agreed to an appraiser. That’s a good thing. The Martha Company was intimately involved in that process. The first step will be to agree to the “highest and best use of the property," which is a standard for appraisals of this scope and magnitude.
TPL wants to help buy the property at fair market value. The Martha Company agreed to the appraisal, but would not contribute to its costs. Tiburon Open Space has a singular interest in purchasing the Martha property at fair market value and keeping Martha open for all forever.
Many of you have already contributed to both the attorney’s fees and the appraisal costs. And we are extraordinarily grateful. We now know that the appraisal cost is likely to be at least $60,000. While the talk of fees is painful, it is also purposeful. And necessary. We ask for your continued support. We are doing everything we possibly can to make that beautiful place accessible forever.
We will keep you posted. And we thank you.
Tiburon Open Space
415-435-9934