Save Shollenberger Park

Chouteau Buys County's Arguments PRESS RELEASE December 28, 2011 Judge Chouteau Buys County's Arguments Dutra Asphalt Factory Approval Upheld by Court We are very disappointed by Judge Chouteau's failure to find in favor of our community coalition's legal challenge to protect Shollenberger Park, the Petaluma River and our community's health and economy. Judge Chouteau has rejected our plea to preserve the gateway to Sonoma County from blight and protect the people of Petaluma from Dutra's industrial pollution. Judge Chouteau has dismissed all of our claims, and seems to have adopted county counsel's and Dutra's attorney's arguments without question. 1) Judge Chouteau has mistakenly written off Shollenberger Park and the upper Petaluma River as an industrial blighted area that merits no further protections or care. This is – contrary to its status as the most popular park in Petaluma and a recog...

Untitled Document HELP SAVE SHOLLENBERGER PARK $1500 MATCHING GRANT PLEDGED TO FRIENDS OF SHOLLENBERGER Double your donation! Say NO to Dutra! A generous  (anonymous) community donor has thrown down this challenge: “Donate by Dec. 31st and your donations will be matched  dollar for dollar  (Up to $1500) If you love Shollenberger Park and The Petaluma Wetlands and all the critters, now is the time to give. Funds are necessary to pay our legal expenses: On Dec. 9, 2011, Judge Chouteau will hear oral arguments in Sonoma Superior Court re: the legal challenge of our community coalition to the Dutra Asphalt Factory. The judge’s decision will arrive within three weeks – and most likely there will be an appeal – whichever side prevails. So our fundraising continues to be necessary. We will stay the course, stand firm against degrading Shollenberger Park, and protect the health and quality of life in Petaluma. To pr...

Joan Cooper, Edward Grutzmacher (attorney for the City of Petaluma, Richard Drury (lead attorney representing the non-profits and individual plaintiffs,) David Keller, Sheri Chlebowski, Ilka de Gast, and  Heidi Rhymes outside of Courtroom 17 on Dec. 9, 2011 Today at Sonoma Superior Court, Judge Rene Chouteau heard oral arguments for two and one-half hours on the Dutra lawsuit. Judge Chouteau asked insightful questions to clarify the arguments of both sides of the suit - the plaintiffs (community non -profits, individuals and The City of Petaluma) and the defense (The County of Sonoma, Dutra Materials, and Shamrock Materials.) Our attorney Richard Drury presented compelling arguments regarding the alleged California Environmental Quality Act (CEQA) violations, starting with the failure to provide a clear description of the project for the public’s review. Dutra’s attorney maintained that the project was 99% the same as the original project described six ...

Untitled Document $1500 MATCHING GRANT PLEDGED TO FRIENDS OF SHOLLENBERGER Double your donation! Say NO to Dutra! A generous  (anonymous) community donor has thrown down this challenge: “Donate by Dec. 31st and your donations will be matched  dollar for dollar  (Up to $1500) If you love Shollenberger Park and The Petaluma Wetlands and all the critters, now is the time to give. Funds are necessary to pay our legal expenses: On Dec. 9, 2011, Judge Chouteau will hear oral arguments in Sonoma Superior Court re: the legal challenge of our community coalition to the Dutra Asphalt Factory. The judge’s decision will arrive within three weeks – and most likely there will be an appeal – whichever side prevails. So our fundraising continues to be necessary. We will stay the course, stand firm against degrading Shollenberger Park, and protect the health and quality of life in Petaluma. To preserve Petaluma’s open space – donate t...

PRESERVE and PROTECT SHOLLENBERGER PARK Your favorite bird lover, grandchild, niece or nephew, daughter or son, teacher or nature lover will appreciate knowing your gift helped save the salt water marsh inhabitants of the Petaluma Wetlands. They'll receive a beautiful color photo (8 x 10) of the animal of your choice, a certificate of adoption, and a BIG THANK YOU from all of the animals who live at Shollenberger Park. For each animal adopted, YOU WILL RECEIVE: A beautiful 8 x 10 color photograph of the animal An official certificate of adoption A BIG THANK YOU from all of the animals who live at Shollenberger Park! Order by Dec. 20, 2011 for local Christmas Delivery $20 River Otter $20 Western Pond Turtle $20 Red-shouldered Hawk $20 Red-tailed Hawk ...

Untitled Document Nov.  30, 2011 Dear Friends of Shollenberger, Party for the Park!  DEC. 2 FRI night at The Mail Depot – COME JOIN US! DECEMBER IS DECISION MONTH for Shollenberger Park : Come to the OPEN HOUSE THIS FRIDAY! Let’s raise energy, money, and awareness. Let’s gather together in anticipation of the judicial decision. on the Dutra Asphalt Factory, in Sonoma Superior Court. (Dec. 9th.) Let’s a party for the park! OPEN HOUSE DEC. 2 THIS FRIDAY NITE COMMUNITY GATHERING at The Mail Depot 7 PM on into the evening Music by Araan Harris & Friends   Snacks & Libations by Lagunitas Murrray Rockowitz Photo Exhibit http://rockowitz.com / Suggested donation $15         All ages On Sale for Holiday Gifts: “50 Shollenberger Birds” books  by Bob Dyer “...

We ask you to help save Shollenberger Park by including us in your annual giving plans. As you know, litigation to save the park from the Dutra Asphalt factory hazards began in January 2011. On December 9th, Judge Chouteau will hear oral arguments in Sonoma Superior Court, Santa Rosa. You, the public, can attend. We plan to be victorious, but understand that Dutra will most likely file an appeal, and the litigation may continue throughout 2012. Dutra hopes they can outspend and outlast us. But we won’t let them win and degrade our park, health, economy and community. Not after five years of community resistance. Our attorneys have worked very efficiently, yet the legal process is expensive. We need your financial help now to fund our legal challenge. Without funds to continue the fight, the Dutra six-story asphalt towers will become the gateway to our community in 2012. Your donation is crucial to the legal defense of our wetlands and to keep our community informed. ...

Dear Friends of Shollenberger, MARK YOUR CALENDARS: December 9, 2011 is Decision Day - Judge Chouteau will hear our legal challenge in Sonoma Superior Court, and issue his findings. Be there to support our case and bear witness to the proceedings. DONATE TODAY! Protecting our park and wetlands costs money: legal fees need your support. Please donate if you can, on-line ( saveshollenberger.com ) Send Donations by check to: Friends of Shollenberger Park PO Box 2114 Petaluma, CA 94953 Plan to include us in your end of year giving (checks can be made out to the O.W.L. Foundation, memo: Friends of Shollenberger, and are fully tax-deductible.) It's for the kids - and for the birds - and for the health of Petaluma! Joan Cooper Friends of Shollenberger

SAVE SHOLLENBERGER UPDATE: WHAT’S HAPPENING? Saveshollenberger.com DEC. 14, 2010: SONOMA COUNTY SUPERVISORS APPROVE DUTRA ASPHALT FACTORY (3-2 VOTE) FAIL TO FOLLOW PROCEDURE FOR RE-ZONING, CERTIFICATION OF EIR. THEY DISALLOW PUBLIC COMMENT AT THE HEARING JAN. 14, 2011 RICHARD DRURY, DRURY AND LOZEAU, FILES 60 PAGE LEGAL CHALLENGE, ON BEHALF OF THE PLAINTIFFS (CITY OF PETALUMA, MADRONE AUDUBON SOCIETY, PETALUMA RIVER COUNCIL, FRIENDS OF SHOLLENBERGER, MOMS FOR CLEAN AIR, PETALUMA TOMORROW AND SEVERAL INDIVIDUAL CITIZENS JUNE 23 2011 JUDGE RENE CHOUTEAU, SONOMA SUPERIOR COURT, APPOINTED TO HEAR OUR CASE, RULES AGAINST SHAMROCK MATERIALS, INC AND CORTO MENO SAND & GRAVEL’S REQUEST TO BE REMOVED AS A “PARTY OF INTEREST” SEPT. 22, 2011 COALITION OF PLAINTIFFS AND THE CITY OF PETALUMA (a co-plaintiff) FILE BRIEFS ADDRESSING GENERAL PLAN ISSUES AND MEASURE D (SCENIC VIEW CORRIDOR PROTECTION) OCT. 21, 2011 DUTRA, SHAMROCK, C...

photo Scott Hess The beauty and rich history of the Petaluma River is what David Yearsley fell in love with when he first moved to town in the mid-1990s. That love for the Petaluma River was something he dedicated his life to sharing with others. From Petaluma 360 David Yearsley, 1946-2011 Mr. Yearsley, the former Petaluma Riverkeeper, died after a battle with cancer on Sept. 5, 2011. He was 65. “The Petaluma River just lost its best friend,” said J.T. Wick, a member of the board of directors of Friends of the Petaluma River. Mr. Yearsley grew up in Wisconsin, but spent some of his formative years in the Delaware River estuary near Odessa where his grandfather owned a farm with 200 to 300 acres of marsh. “We got to explore it as boys. Swim in the creeks, fish,” said Yearsley in a 2004 interview with the Argus-Courier. “The tides were very similar to the Petaluma River. They rose and fell five to six feet.” After serving four years in the U.S. Air Force during the Vietnam War working o...

A $4000 grant has been awarded to Friends of Shollenberger Park in the foundation's Summer 2011 funding cycle of the Northern California Environmental Grassroots Fund. The grant supports our community-based effort to litigate and stop the Dutra asphalt factory and protect our park, wetlands, wildlife and citizens. The Dutra asphalt factory was approved in December 2010 by the Sonoma County Board of Supervisors. This is the second grant awarded from the Rose Foundation to support our grassroots community effort. This expression of support will strengthen our ability to continue and to fundraise for extraordinary legal expenses the community will bear to protect our community and our environment. Friends of Shollenberger was one of 18 statewide grant recipients announced on June 11, 2011. We thank the Rose Foundation for their continued support and expression of confidence in the direction and intentions of Friends of Shollenberger Park.

Breaking news! June 23, 2011 Today, Sonoma County Superior Court Judge Rene Chouteau rejected a request from Shamrock Materials, Inc., and Corte Meno Sand & Gravel, LLC to be released from a lawsuit challenging the a new asphalt plant, proposed to be constructed by the Dutra Group, immediately across from Petaluma’s Shollenberger Park, a renowned bird sanctuary. Read what the Patch has to say! Shamrock Materials, Inc.,

PRESS RELEASE Judge Denies Shamrock requests for release from Dutra Asphalt Plant lawsuit. June 23, 2011 From: David Keller, Petaluma River Council, 1327 I St., Petaluma CA 94952. (707) 763-9336 For additional information, contact: Richard Drury, Lozeau | Drury LLP, 410 12th Street, Suite 250, Oakland, CA 94607, (510) 836-4200 Today, Sonoma County Superior Court Judge Rene Chouteau rejected a request from Shamrock Materials, Inc., and Corte Meno Sand & Gravel, LLC to be released from a lawsuit challenging the a new asphalt plant, proposed to be constructed by the Dutra Group, immediately across from Petaluma’s Shollenberger Park, a renowned bird sanctuary. Shamrock has argued that they had nothing to do with Dutra’s project. However, the plaintiffs in the lawsuit, including the City of Petaluma, Petaluma River Council, Madrone Audubon Society, Friends of Shollenberger Park, Moms for Clean Air, Petaluma Tomorrow, and others, pointed out that the County Board ...

JUNE 14th 6-9 PM IT'S A BENEFIT CONCERT & BEER PARTY for Friends of Shollenberger: Petaluma. Our legal challenge to stop the Dutra Asphalt Factory costs $$$ . Help raise the money to pay the bills and party at the same time! WET YOUR WHISTLE FOR THE WETLANDS “ Lagunitas Bar” open for orders at the Shollenberger Shindig - % of Proceeds to Friends of Shollenberger” Let’s Sing & Swing to Save Shollenberger There will be amazing music by Local Super Group: FOXES IN THE HEN HOUSE. THE RIVEREENS with special guest David Grisman & Three Legged Sister $20 General Admission Sold Out! $100 VIP Tickets Still Available at Mail Depot and Lagunitas Sold Out! Be a VIP and boost the effort to save Shollenberger Buy an VIP ALL ACCESS PASS @ $100. THE VIP LOUNGE is upstairs at Lagunitas - a groovy rec room & bar with comfy couches and memorabilia. Up here will be artisan beer tasting, locovore snacks, fine wine. On the VIP stage enjoy the music of: GABBY LA LA GUILLERMO GARCIA ...

NEWS FLASH! Shamrock requests release from Dutra Asphalt Plant lawsuit. April 19, 2011 Shamrock has filed a demurrer in Sonoma County Superior Court, arguing that they are not a real party of interest in the Dutra Petaluma Asphalt Plant case, got no approvals from the county to do anything on their land, and should be dismissed from the case. They argue that Shamrock and Corto Meno Sand & Gravel in fact never agreed to be a part of Dutra's project, have no agreement to do so, and that any such inclusion in the Dutra project is incorrect. Shamrock's claim shows that the County's EIR and Dutra Asphalt Plant Project approvals are patently inadequate because Shamrock never agreed to the Dutra Project that the County approved. The conditions of approval require that Dutra's Asphalt Plant Project must be built on a portion of Shamrock's property which must be conveyed to Dutra's ownership, destroying wetlands required to be created as mitigation for ...

Next Sunday April 17, we are hosting a booth located at the Mail Depot. Our goal is to raise more funds to further support our legal battle against Dutra Apshalt Plant. We are looking for sellable donated items and a few volunteers to help staff the booth on Sunday. . Thank you for your continued support. Regards, Save Shollenberger Fund Raising Committee Contact: saveshollenberger@gmail.com kayec@sonic.net 707-280-0291

MARGIE HELM - CITIZEN OF THE YEAR RECEPTION (APRIL 3 rd ) WILL RAISE FUNDS FOR FRIENDS OF SHOLLENBERGER After actively participating in the County's review and approvals process over the past three years, the City of Petaluma, several community organizations including the Petaluma River Council, Friends of Shollenberger Park, Madrone Audubon Society and Petaluma Tomorrow, along with thousands of individual citizens are frustrated and disappointed that the Dutra Asphalt Plant was approved by County Supervisors in a 3-2 vote. The Plaintiffs (The City of Petaluma, the community organizations listed above, and several individual citizens) have exhausted all other remedies with the County, and are now seeking judicial review of the approvals process and the impacts of the project itself. See articles in the West County Gazette summarize the lawsuit and its strength. http://www.sonomacountygazette.com/wcg201102_index.html http://sonomacountygazette.blogspot.com/2011/02/dutr...

IT’S AS EASY AS 1, 2, 3! 1. WRITE A CHECK TO: OWL FOUNDATION, memo, Friends of Shollenberger (tax-deductible) 2. CLICK DONATE (in upper right hand corner of website) TO LINK to the O.W.L. FOUNDATION, our umbrella 501(c)3 ( tax- deductible) or click HERE. CHECKS can be made out to Friends of Shollenberger Park (these are not tax deductible) OR to O.W.L. Foundation (tax deductible!) MAIL ALL CHECKS TO: Legal Defense Fund Friends of Shollenberger Park P.O. Box 2114 Petaluma, CA 94953 WHY TO DONATE: 1. Shollenberger Park and the Petaluma Wetlands are in danger of degradation by the proposed Dutra asphalt factory and associated 147,000 truck trips a year. 2. Legal action can challenge the Sonoma Board of Supervisors 3-2 vote for the project and protect the environment. Zoning changes, General Plan Amendments, and building permits can be stopped – but it will take your commitment and your financial support. 3.Our top legal ...

PRESERVE and PROTECT SHOLLENBERGER PARK Choose one or more, only $20 each. Your sponsorship helps Friends of Shollenberger Park do the work to preserve these animals and their nests and burrows. ____ x $20= _____ River Otter ____ x $20= _____ Western Pond Turtle ____ x $20= _____ Red-shouldered Hawk ____ x $20= _____ Red-tailed Hawk ____ x $20= _____ White-tailed Kite ____ x $20=_____ Barn Owl ____ x $20=_____ American White Pelican ____ x $20=_____ Great Egret ____ x $20=_____ Great Blue Heron ____ x $20= _____ Ruddy Duck Family ____ x $20=_____ Cinnamon Teal pair ____ x $20=_____ American Kestrel (a falcon) Subtotal: _____ Shipping: $4 Total: _____ Payment by check only. Make check payable to Friends of Shollenberger Park and send to : Friends of Shollenberger Park PO Box 2114, Petaluma, CA 94953 For each animal chosen, YOU WILL RECEIVE: • A beautiful 8 x 10 color photograph of the animal • An official certificate of adoption • A BIG THANK YOU from all of the animals who live at Sho...