Los Gatos Weekly-Times

Christian church neighbor continues his battle to block school expansion

Michael Burke accuses town of ignoring general plan

Hearing expected in January

By Clarence Cromwell

A lawsuit to block expansion at Los Gatos Christian Church was filed at 4 p.m. Nov. 14 in the Santa Clara County Superior Court on behalf of Hicks Road resident Michael Burke.

The suit asks the court to set aside the Los Gatos Town Council decision that permits the church to bring 230 more students, eight portable classrooms and a 17,500-square-foot gym to its property, next-door to Burke.

"I think their decision was wrong, and this is my only remedy," Burke said last week. "The general plan is a legal document, and they have to use a certain level of reasonableness in interpreting it. The general plan says this is supposed to be a low-density use out here."

The Town Council overturned a Planning Commission decision Aug. 5, when it voted unanimously to approve the project. Town Council members said at the time that they didn't believe the project would increase traffic in the area as much as residents feared and that the gym will benefit the community.

When Challenger School tried to build an elementary school just down the road, the Planning Commission ruled that it would be out of place in the rural neighborhood. The council upheld that decision.

The town cannot comment because it hasn't received a copy of the complaint, Town Attorney Larry Anderson said. A judge is expected to hear the motion in late January.