10 June 2010
A team of Mayer Brown lawyers from Palo Alto have obtained a permanent injunction preventing the destruction of architecturally renowned Edgewood Plaza following a three year battle. The dispute arose after a real estate developer purchased a local shopping center in 2006 and proposed to replace it with 37 townhomes. The shopping center was the only commercial development built by 1950’s modernist Joseph Eichler and designed by A. Quincy Jones. Many residents of the surrounding community were strongly opposed the proposed destruction of these historical buildings, but when they raised their objections they were told by the developer, “you’ll have to sue me.”
With the assistance of Mayer Brown, three architectural preservationists filed a declaratory judgment action in August of 2008 in the Santa Clara County Superior Court. After Mayer Brown prevailed through several rounds of motion practice, including an appeal, the developer finally gave in and agreed to a stipulated injunction preventing the destruction of these historic buildings, limiting the surrounding development to ten homes, and dedicating a small neighborhood park (to be named “Eichler Park”). When the revised plan was presented to the neighborhood last night, the assembled crowd broke into loud applause.
The litigation team was comprised of Drew Holmes and Jack Fitzgerald, with the assistance of Jill Wilkinson.