The city of Sacramento went back to court Thursday in its long-running effort to block developer Paul Petrovich from building a gas station in his Crocker Village project.
City attorneys asked a state appeals court to overturn an earlier judge's ruling that the city had unfairly rejected Petrovich's request to build the 16-pump station next to a proposed Safeway supermarket.
In that January ruling, Superior Court Judge Michael Kenny wrote that Councilman Jay Schenirer demonstrated “an unacceptable probability of actual bias” and failed to act in an open-minded manner when the issue came before the council in late 2015.
Kenny ordered the city to hold a new hearing on the matter, with Schenirer recused. Instead, the City Council voted to appeal the ruling. City attorneys served Kenny notice Thursday.
The court challenge represents the latest step in a two-year fight. Petrovich sued the city in 2016 after the council rejected his request to build the station in his mixed-use development north of Sutterville Road and adjacent to the Curtis Park neighborhood. The property is linked to Sacramento City College and a light-rail station by a pedestrian bridge that soars over the tracks.
The council concluded a gas station was incompatible with the light rail station and that a fuel center would be detrimental to the health, safety and welfare of Curtis Park residents.
Petrovich blasted the city’s decision to appeal in a statement earlier this year, saying the appeal is a waste of taxpayer funds.