CYPRESS : Group to Appeal Ruling Upholding Warehouse

A group opposed to a proposed carpet warehouse says it will appeal a court decision that upheld the City Council’s approval of the building.

Bob Pepper, president of the Cypress Recall Committee, said this week that residents opposed to the warehouse have agreed to pay costs of the appeal.

“There were a lot of things we had to consider, money being not the smallest consideration. But we have definitely decided to appeal,” Pepper said. “We’ll probably be filing the appeal this week.”

At issue is a May 22 decision by Orange County Superior Court Judge Francisco F. Firmat. Although Firmat had issued a tentative opinion against the City Council’s action, his May 22 written decision upheld the council.

Firmat said no resident had specifically mentioned “the lack of an EIR [environmental impact report]” during the Sept. 26 session when the City Council approved the warehouse.

Pepper said he believes an appeals court will find that residents had substantially raised the EIR question on Sept. 26 and will thus reverse the lower court and rule against the City Council.

The lawsuit seeks to halt the proposed warehouse until there is an updated environmental report. Pepper said residents believe such an EIR ultimately will prevent the building of the project.

The proposed 439,650-square-foot carpet-distribution warehouse is scheduled to be built at Warland Drive and Valley View Street.