BERKELEY, Calif., May 30, 2008 (PRIME NEWSWIRE) -- In papers filed recently with the Alameda County Court, Berkeley Acting City Attorney, Zack Cowan characterized the U-Haul operation at 2100 San Pablo as a public nuisance.
At the same time, Berkeley Zoning Enforcement has declined to issue U-Haul a Zoning Certificate allowing U-Haul to engage in certain permitted uses including the selling of boxes, tape, rope locks or other household moving supplies. As a precondition to issuance of any Zoning Certificate, the Berkeley City staff insists that U-Haul waive certain of its constitutionally protected rights that U-Haul is attempting to protect in Federal Court. In addition, the Berkeley City Staff wants U-Haul to agree that it will not facilitate phone calls made by Berkeley residents who want to rent moving equipment from other U-Haul locations; the City wants all phones and computers removed.
Any operation without a Zoning Certificate is against the code. Any operation against the code is a nuisance. U-Haul can not get a Zoning Certificate because it is a nuisance.
The 1961 Joseph Heller novel, Catch-22 is the classic description of a false dilemma, a situation in which there is no real choice. However, Berkeley city staff is aiming to displace Heller for this honor.
U-Haul of San Pablo has sued Berkeley in Federal Court, seeking judicial oversight of all of Berkeley actions. U-Haul asserts violations of the equal protection and due process clauses of the Constitution of the United States. Among other things, U-Haul alleges it is the victim of selective enforcement by Berkeley City Staff.
"The Berkeley City Staff has actual knowledge of scores of similar zoning code issues and has elected to take no enforcement action," asserts local U-Haul President, Eric Crocker. "Berkeley appears to have a hidden land-use agenda which we intend to expose fully during discovery. The facts may well lead to personal liability on the part of any persons involved, including those involved with the denial of the Zoning Certificate."
U-Haul of San Pablo's complaint also alleges that Berkeley failed to do an environmental assessment and refuses to let U-Haul environmental professionals meet with Berkeley City Staff members.