Lawsuit threatens open space atop Albany Hill

By Bryan Marten, Albany Hill 4 All

On September 11th the Albany Lions Club filed a lawsuit in federal court to force the city of Albany to give up ownership of the former “Call property,” a 1.1-acre hilltop portion of Albany Hill Park that has been open space parkland since 1973. Turning public land private would set a dangerous precedent and deprive the public of access to an ecologically and historically important open space. 

The Lions Club is suing the City claiming interference with an easement to light an electrified cross on the City’s property in Albany Hill Park. In the Fall of 2016, the City asked PG&E to temporarily shut off electricity to the cross because its electrical wires were frayed and attached to a nearby eucalyptus tree, creating a fire hazard. The electricity was subsequently off for about three months until PG&E corrected the situation.

The Albany Lions lawsuit alleges that because of the way the city handled this safety concern, it deprived the Lions of claimed property rights, freedom of speech, and free expression of religion (though according to Lions International its Clubs are to be non-sectarian). As one of several demanded remedies, their lawsuit seeks to force the sale of 1.1 acres of parkland surrounding the cross.

The Sierra Club and its members have been involved for decades in acquiring and preserving open space on Albany Hill. The hill is home to a diverse ecosystem, including migratory monarch butterflies, and at its base are historic grinding stones used by the Ohlone. In 2008, Albany Hill was declared a Priority Conservation Area by regional and state agencies.

If the Albany Lions are successful, this would be the first public land on the hill to return to private ownership. It would set a dangerous precedent in federal court for other groups in the U.S. to privatize parkland. And because this lawsuit gives no guidance for what happens to the land after it turns private, there are no assurances the privately held land would remain open space.

What You Can Do:

Write to the Albany City Council at citycouncil@albanyca.org expressing your support for their commitment to keeping Albany Hill public land public.

More resources:

The City of Albany has issued several statements and provided links to recent mediation offers, newspaper articles, and TV news segments about the current situation. Find it all here.