BAKERSFIELD, Calif. (KERO) — A judge heard final oral arguments Friday in a civil case regarding the proposed Bakersfield outpatient VA clinic, a project that has significant implications for our neighborhood's veterans.
Kern County Superior Court Judge Greg Pulskamp listened to attorneys as they presented their final positions in the case brought by Progress for Bakersfield Veterans and Friends of the Bakersfield Kit Fox.
The groups argued that the city's method for determining the project's impact on kit fox habitat and its approval of the environmental impact report is flawed – not just for this project but for dozens of other projects before it.
Attorneys representing the city and the developer of the building, SASD, maintained that officials went above and beyond to ensure plans for the project followed proper procedures. They claimed the lawsuit aims to delay the proposed clinic because the owner of the current VA clinic receives hundreds of thousands of dollars monthly in rent.
Alan Fenstermacher, attorney representing the developer of the proposed clinic, expressed hope for a favorable ruling but acknowledged the possibility of further legal challenges.
"We just hope this process comes to an end, but if we do prevail, there could be an appeal. So I just hope that the community, you know, stays patient for us, and I know our clients committed to getting this done," Fenstermacher said.
When asked about the potential timeline if appealed, Fenstermacher responded: "Could be several more years, but you know what? We have to wait for the decision in our favor first."
Attempts to interview the attorney representing the Progress for Bakersfield Veterans group were unsuccessful as they indicated they weren't approved to speak with media. The attorney for the Friends of the Bakersfield Kit Fox group said they had little to add but offered to email their case briefs.
Judge Pulskamp stated he expects to issue a ruling within the next 7-10 days, though he gave the court two weeks to make a decision.
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