Though she reversed the City of Oakland’s approval of the Oak-to-Ninth project, Judge Lee did not grant the Ninth Avenue Terminal’s wish. Hope lives on, however.

Responding to a pair of environmental lawsuits filed by local activists, Alameda County Superior Court judge Jo-Lynne Lee ordered the City of Oakland to undo its approval of the controversial Oak-to-Ninth Project.

The proposed 42-story, 457-foot-tall Emerald Views project would become the tallest building in Oakland and the tallest Bay Area building outside of San Francisco. It would be three to four times taller than the two historic apartment buildings immediately adjacent. It is separated from other relatively very tall buildings by 900 feet or more.

Developer David O’Keefe will sponsor a public meeting Tuesday evening, July 31, to discuss his proposed 42-story building on the shores of Lake Merritt on the site of the Schilling Garden, adjacent to Snow Park.

A frequent theme in the comments of those who voted in the online FatBurger poll—both “Yes” and “No”—was how bad they feel the existing Kwik Way is. The Kwik Way was frequently derided for being a “run-down dump” and an eyesore, having poor food, being dirty inside and out, and being a scene for drug dealing. The word “blight” was commonly used. Excerpts from those comments….

Residents living closer to the Kwik Way were much more likely to vote in the FatBurger poll and opposed FatBurger more strongly than those who live more than a mile away. Why?

The City’s analysis of Kwik Way and McDonald’s three years ago strongly suggests that the FatBurger proposal would also be required to face a high level of scrutiny—as long as the City rigorously enforces its own Municipal Code.