Court modifies Allied Arts decision Court modifies Allied Arts decision (October 26, 2005)

** Rehearing denied, but guild can apply for limited EIR and continue scheduled evening events.

By Rory Brown

Almanac Staff Writer

The nonprofit guild that owns and operates the Allied Arts Guild got some good news last week from the First Appellate District Court.

The court on October 19 modified its earlier order that the Woodside-Atherton Auxiliary to the Children's Hospital at Stanford pay for an environmental impact report (EIR) if it wants to continue an expanded schedule of events. That order was in response to an appeal filed by a group called Allied Arts Neighbors, which sued the auxiliary.

Allied Arts Neighbors insisted an EIR was necessary to study potential noise and traffic impacts of evening events.

Under the modifications, when the case returns to the San Mateo County Superior Court, that court may consider a request to limit the scope of the environmental impact report to noise and traffic associated with evening events.

The Superior Court may also consider a request from the auxiliary to proceed with all scheduled events -- including evening events -- for which contracts were negotiated on or before September 27, the date of the original appellate court decision.

These modifications could lessen the financial impact on the auxiliary. Jeffrey Kirschenbaum, the auxiliary's attorney, called the modifications "very positive developments."

"The changes made are welcome modifications," said Susan Brandt-Hawley, the attorney for Allied Arts Neighbors, noting the request for a rehearing by the appellate court was denied.

The case returns to Superior Court Judge Quentin Kopp, who ruled against the Allied Arts Neighbors' request for a full EIR in May 2004, which they appealed.

The auxiliary raises money for the Lucile Salter Packard Children's Hospital at Stanford through the rental of its Allied Arts Guild facilities for events, the lease of space to small shops, and a restaurant staffed mostly by volunteers.

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