Align Real Estate moves to dismiss Marina Safeway lawsuit

Align Real Estate asked a federal judge in San Francisco to dismiss a due-process lawsuit targeting its controversial redevelopment plan for a Marina District Safeway store. The motion, filed Wednesday, seeks to throw out claims from the YesAnd Foundation, Neighborhoods United and four Marina residents, according to the San Francisco Chronicle. The lawsuit, filed last month, names Align, the City of San Francisco, city officials and Pacific Gas & Electric, arguing the city violated residents’ due-process rights by approving Align’s project through streamlined review. Opponents are pursuing a Section 1983 case, a law enacted in 1871, and contend the neighbors were shut out of hearings or chances to comment. Align says there is no federal constitutional right to a public hearing and calls the litigation a “weapon.” The dispute could set precedent for future by-right approvals, including those under Assembly Bill 2011. Align adjusted its plan last summer: two buildings capped at 22 and 18 stories and 848 units, plus a 67,200-square-foot replacement grocery.