U.S. District Court Rules in Favor of Fulton Mall Project

FRESNO, CA –U.S. District Court Judge Kimberly J. Mueller ruled today in favor of the City of Fresno, Caltrans, and the Federal Highway Administration, denying the motion for summary judgment submitted by the Downtown Fresno Coalition and other individual plaintiffs and granting the defendants’ motions for summary judgment on three Administrative Procedure Act (APA) claims.

The ruling gives the City of Fresno a clear legal victory and the ability to begin construction on the Fulton Mall Reconstruction Project in February. The court also denied the Downtown Fresno Coalition’s motion for a preliminary injunction pending the court’s ruling.

“With this ruling, the City has won in both state and federal court and we’re on solid ground to proceed with the project,” said Fresno Mayor Ashley Swearengin. “A major hurdle to this project has been cleared, and now we can begin making the changes that we know will result in an exciting new chapter for the heart of our downtown.”

In May 2014, the California Department of Transportation (Caltrans), acting on behalf of the Federal Highway Administration (FHWA), approved federal funds for a project to reintroduce vehicular traffic to the Fulton Mall. The Downtown Fresno Coalition filed their action under the APA alleging Caltrans violated the National Environmental Policy Act (NEPA) by not preparing the proper environmental paperwork.

The project will reconstruct the Fulton Mall in downtown Fresno as a complete street by reintroducing vehicle traffic lanes over the existing pedestrian mall. The reconstruction would occur over 11 city blocks and include bicycle and pedestrian accommodations and streetscape improvement elements. Contrary to concerns raised by opponents to the City’s plans, the project includes the conservation and reinstallation of all of the existing art pieces on the Mall and reconstruction of many of the Mall’s key features such as the water fountains.