Editorial: A sad ruling for Allied Arts Editorial: A sad ruling for Allied Arts (October 12, 2005)

A handful of neighbors who have doggedly opposed the increased use of the now remodeled Allied Arts Guild property on Arbor Road in Menlo Park have prevailed in an appeal of a Superior Court ruling last year that allowed the Guild to be open nights and weekends.

As a result, the Woodside-Atherton Auxiliary, which owns and operates the 3.6-acre collection of shops and gardens on Arbor Road, will be forced to mount a costly examination of how the facility's expanded schedule will affect the environment and the nearby neighbors who brought the case.

The appellate decision overturned the lower court ruling that favored Allied Arts, as well as the unanimous decision by the Menlo Park City Council to forego a deeper look at the impact of the expanded annual schedule of Allied Arts events, which includes 43 in the evening, with 35 of those coming on weekends.

Auxiliary officials said last week that they had not decided whether to appeal the ruling, which could add the neighbor's attorneys fees to the substantial legal costs already incurred. From the early days of planning for the expanded hours, the two sides have been at odds over the additional income-producing evening events, which the Auxiliary said it had to have to support the $8 million cost of a massive remodeling of the facility.

Despite a major effort by Auxiliary members and the City Council to resolve the dispute, the neighbors and Auxiliary could never reach a compromise, sending the issue to the courts.

This page has strongly endorsed the Auxiliary's position in this matter, believing that the numerous conditions imposed on the Guild by the city are adequate to protect the neighbors from undue noise or impact from whatever event might be held at Allied Arts. Unfortunately, the neighbors do not agree.

With this unfavorable ruling, the Auxiliary will be forced to absorb the substantial cost of conducting an EIR, as well more of their own attorney's fees and likely those of the neighbors as well. It is a tragic waste of resources that otherwise would go to the Lucile Salter Packard Children's Hospital at Stanford, which receives all proceeds raised by the Guild.

Now that each side is looking at even more legal costs, is a negotiated settlement possible? That would be a miracle, but it could save a lot of wasted effort.

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