In response to the April 20 appeals court ruling in favor of Shellmound developers Ruegg & Ellsworth, the Confederated Villages of Lisjan and City of Berkeley have filed an appeal with the California Supreme Court. The court is expected to announce a decision in August on whether or not it will hear the case. Only 3 to 5 percent of cases submitted to the California Supreme Court are accepted.
In support of the appeal filed by the Confederated Villages of Lisjan and City of Berkeley, sixteen strong amicus letters were submitted by organizations and individuals, asking the Supreme Court to accept the case. These informative and well-argued letters are accessible below in PDF format.
If the Supreme Court declines to take the case, the appeals court ruling in favor of developers Ruegg & Ellsworth will stand and the City of Berkeley will be compelled to grant a permit for fast-tracked development of the Shellmound site. This is a critical moment in the struggle to preserve the West Berkeley Shellmound. Please show your support whether that takes the form of prayers at the Shellmound, organizing friends and family for future action, or recruiting donations for the Shellmound Defense Fund—which are needed now more than ever.
Amicus letters filed in support
- Sacred Land Film Project
- Richard Schwartz, Berkeley historian
- U.C. Berkeley Archaeology Department— Professor Kent Lightfoot, Lucy Gill, and Jordan Brown
- United Auburn Indian Community
- League of California Cities
- Berkeley Community Safety Coalition, Associated Students of the University of California’s External Affairs Vice President’s Office, Latinxs Unidos de Berkeley, Network of Spiritual Progressives and Indigenous Peoples Day Pow Wow
- Interfaith Movement for Human Integrity
- Steven Most, writer and filmmaker
- National Trust for Historic Preservation
- SF Bay Area Educators— Reverend Dr. Sheri Prud’homme, Prof. Dr. Katrin Wehrheim, Dr. Jane P. Perry, Autumn Belnap
- Public Trust Alliance
- Friends of the Earth
- Jews on Ohlone Land
- Berkeley Architectural Heritage Association
- Chris Walker, Landscape Architect
- U.C. Berkeley School of Law
Legal petitions submitted
- Confederated Villages of Lisjan petition for review of decision
- City of Berkeley petition for review of decision
- Ruegg and Ellsworth Answer to Petitions
- Confederated Villages of Lisjan Reply to Ruegg Answer
- City of Berkeley Reply to Ruegg and Ellsworth Answer
- High Country News 7/23/21: The fight over a 5,000-year-old burial site in California
- Daily Cal 6/7/21: City of Berkeley files appeal against West Berkeley Ohlone Shellmound development
- SF Chronicle 6/5/21: Berkeley appeals decision to allow housing development on sacred Ohlone site
- Berkeleyside 6/4/21: City appeals decision to allow 260-unit complex at 1900 Fourth St.