Challenge targets Riverbank approval
A proposed 2,400-home development north of Modesto is now the subject of a legal challenge that could determine whether the project moves forward in its current form. A citizens group and environmental advocates filed suit in Stanislaus Superior Court against the Riverbank City Council’s approval of the River Walk project.
The lawsuit was filed Friday and argues that the council’s Sept. 22 decision violated local planning policies and provisions of the California Water Code. The petitioners also contend that the environmental review prepared for the development did not adequately evaluate the project’s potential effects. They are asking the court to invalidate the approval and stop construction until the proposal complies with state law.
The case is being brought by Central Valley Concerned Citizens, Friends of the Swainson’s Hawk, Dr. J. Gammon and Annabel Gammon. Sacramento attorney Osha Meserve represents the petitioners. In a statement, Meserve said the lawsuit is intended to challenge what the plaintiffs view as an approval process that failed to account for long-term environmental and public-safety concerns.
“Public decision-makers cannot be allowed to greenlight massive developments while ignoring the long-term harms to our environment,” Meserve said.
Riverbank City Manager Marisela Garcia said Wednesday that the city does not comment on pending litigation. The lawsuit’s filing does not itself determine whether the development will be delayed or canceled; those questions will be addressed through the court process.
Project would change farmland near the river
River Walk is planned across almost 1,000 acres of farmland. The proposal includes single-family homes along with hundreds of thousands of square feet for mixed-use purposes, including commercial businesses, offices and transitional care facilities. The development would sit next to the Stanislaus River and would extend Riverbank’s boundaries west to McHenry Avenue.
| Project detail | Information in the lawsuit |
|---|---|
| Homes proposed | 2,400 |
| Land area | Nearly 1,000 acres |
| Planned uses | Housing, commercial space, offices and transitional care facilities |
| Location | Adjacent to the Stanislaus River; western boundary toward McHenry Avenue |
Meserve said much of the land is prime agricultural property and is located in an environmentally sensitive area vulnerable to flooding. The plaintiffs say converting that land would remove farmland they consider irreplaceable. They also argue that the new homes would increase reliance on groundwater and that construction and future activity could reduce wildlife habitat near the river.
Environmental and infrastructure questions
A central issue in the case is the project’s potential effect on the Swainson’s hawk. The plaintiffs allege that the environmental impact report relies on mitigation measures that are outdated and would not sufficiently protect the species. Their claims also include concerns about flood risk and fire risk, two hazards they say should have received more complete consideration before the council approved the project.
The lawsuit further raises questions about infrastructure and who would bear responsibility for the costs associated with serving a large new development. The filing alleges that the project could leave existing residents responsible for infrastructure needs. The source material does not specify which facilities or services are at issue, but the concern reflects the broader dispute over how the project’s public costs would be handled.
For Modesto-area residents, the legal challenge puts regional growth, water use and farmland preservation at the center of a court fight. The proposal would add thousands of homes and substantial commercial space near the river, while opponents argue that the environmental review did not fully address the consequences. Riverbank officials have not offered a public response to the allegations because the matter is pending in court. The lawsuit will now proceed as the petitioners seek to overturn the city’s approval and halt the River Walk project unless it is brought into compliance with California law.
- Petitioners’ main concerns: farmland conversion, groundwater demand, wildlife habitat, flooding and fire risk.
- City response: Riverbank said it does not comment on pending litigation.
- Requested court action: void the project approval and stop development until legal requirements are met.
