Flash: Berkeley Wins in Post Office Lawsuit

Monday May 14, 2018 - 12:08:00 PM

The City of Berkeley has been declared the winner in the lawsuit filed by the United States Postal Service which sought to overturn the city's Zoning Overlay which restricted uses in the downtown Berkeley Historic District.

From the decision by Federal Judge William Allsup: "...the USPS has not carried its burden to prove that either intergovernmental immunity or conflict preemption renders the Overlay unconstitutional under the Supremacy Clause. It has therefore established no entitlement to relief on its claims. Accordingly, judgment will be entered in favor of the City." 

For more information, see this post by JP Massar

Read the decision here.