Oakland Bulk & Oversized Terminal, LLC v. City of Oakland
ORDER GRANTING OAKLAND'S MOTION IN LIMINE NO. 1 196 by Judge Vince Chhabria (vclc1S, COURT STAFF) (Filed on 1/9/2018)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND BULK & OVERSIZED
Case No. 16-cv-07014-VC
ORDER GRANTING OAKLAND'S
MOTION IN LIMINE NO. 1
Re: Dkt. No. 196
CITY OF OAKLAND,
Oakland's motion in limine to exclude evidence and preclude argument at trial regarding
the allegedly predetermined outcome of the vote on the proposed ordinance is granted. The fact
that some city councilmembers apparently expressed advance support for the ordinance does not
mean the City violated the contractual requirement for a "public hearing." Even if the outcome
of the vote was "preordained" as OBOT alleges, legislatures commonly hold public hearings on
votes despite the outcome being a foregone conclusion; this does not turn the hearing into
something other than a "public hearing." And there is no reason to ascribe some different,
specialized meaning to the words "public hearing" as used in the Development Agreement. The
City held a public hearing on the proposed ordinance, and (in this respect at least) complied with
Section 3.4.2 of the Development Agreement.
IT IS SO ORDERED.
Dated: January 9, 2018
United States District Judge
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