Save the Berkeley Post Office
  • Home
    • Make a Video
  • Calendar
  • Contact
  • Activist's Guide

Trial Unlikely in Fight with USPS over Civic Center Historic District

1/12/2018

0 Comments

 
UPDATE: USPS v Berkeley will in fact go to trial.
The bench trial is scheduled before Judge William Alsup
at 12 noon on Monday, April 2, 2018 in Courtroom 12, 19th floor, 450 Golden Gate Ave, San Francisco.

Maria Dinzeo reports in Courthouse News on the January 11 hearing before Judge William Alsup in USPS v. City of Berkeley, the Postal Service suit against Berkeley´s Civic Center Historic District Zoning Overlay
SAN FRANCISCO (CN) – A federal judge seemed disinclined to order a trial in the U.S. Postal Service’s now four-year legal fight with the city of Berkeley over the planned sale of its historic downtown post office, wary of claims the city is intentionally trying to diminish the building’s value and discourage buyers.

“We’re not just talking about the Postal Service’s ability to sell one piece of property, but their obligation to serve the whole country and be self-sustaining,” said Julie Berman, a Justice Department attorney arguing on behalf of the Postal Service. “The financial situation of the Postal Service is such that it’s putting the mission at risk.”

Her argument did not convince U.S. District Judge William Alsup.

“You could still do a pretty good deal,” he said, even with the possible 39 percent decrease in value.

The Postal Service announced plans to sell the 104-year old neoclassical style building, designed by Oscar Wenderoth and listed as a National Historic Landmark in 1981.

In September 2014, the Postal Service struck an agreement to sell the building to urban developer Hudson McDonald. That same month, Berkeley passed an overlay restricting nine parcels of downtown land, including the post office, to civic and nonprofit uses.

The Postal Service argued the developer backed out of the deal because the overlay had so devalued the property that the developer said it was “destroyed and worth very little.”

At a hearing on cross-motions for summary judgment Thursday, Alsup said the Postal Service had all but conceded it would have to prove that the city’s overlay did more than simply interfere with the sale. He said the agency must show “total frustration” of its ability to dispose of its property and manage its resources to the point it violates the 1970 Postal Reorganization Act, which mandates disposal of unused property.

“If it devalues the property in a way that obstructs the Postal Service’s ability to manage its finances and the potential for sale at only 61 percent of market value, the court should examine that potential,” Berman said, adding the Postal Service fears a ruling in favor of the city would encourage others to enact similar zoning laws. “If this overlay ordinance is upheld, other municipalities would follow suit.”

Berman said the overlay reduces the number of potential buyers by about 80 percent of the market.

“That still leaves 20 percent,” Alsup said. “Where does it say they’ve got to sell it for full value? They paid almost nothing for this property. They could still sell it for a profit. If it just comes down to ‘We could get more without the overlay,’ you’re going to lose. Because it’s not a total frustration.

“I just think you need something stronger to be able to show it’s total frustration. They could sell it for 30 percent. That’s good money. The Postal Service goes and buys a lot of stamps for that,” he joked, appearing weary of Berman’s constant dodging of his direct questions.
​
“I’m not going to rule on this now,” he said, ending the hearing with an admonition to Berman that the Postal Service is going to need a stronger argument to proceed to trial other than the law says it should be able to make maximum profit off of the sale.

Read the entire article in Courthouse News

0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    ABOUT

    The USPS wants to sell Berkeley's historic main post office. Citizens to Save the Berkeley Post Office is a grassroots group that has come together to block the sale of our heritage, stop service cut backs, and preserve living wage postal jobs.

    Our fight is not unique. Thousands of post office closures across the country mean the largest private auction of public history our nation has ever seen.

    Join the movement and spread the word. Our post office is not for sale.

    Picture
    Ten Easy Steps
    to Making a Music Video
    to Save Your Post Office!


    Picture

    Picture
    Jac McCormick in NYC
    Fighting for America's
    Post Offices!
    WATCH THE VIDEO!


    Picture

    Tell Staples the U.S. Mail is Not for Sale!
    Picture
    Sign the petition to stop the sale of historic post office like Berkeley's Downtown Main!

    Picture
    Getting rid of middle class jobs is the end. Privatization is the means. Fox News doesn't keep their agenda a secret. Watch the video.

    [10 on Tuesday] 10 Ways to Fight for Your Local Post Office from PreservationNation

    October 2, 2013 letter from Ralph Nader to Senator Dianne Feinstein

    baha_letter_to_usps.pdf
    File Size: 222 kb
    File Type: pdf
    Download File

    sample_letter.docx
    File Size: 15 kb
    File Type: docx
    Download File


    Picture

    Archives

    May 2018
    March 2018
    January 2018
    December 2017
    August 2015
    July 2015
    May 2015
    April 2015
    February 2015
    January 2015
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    May 2014
    December 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013

Proudly powered by Weebly