A Butte County judge heard arguments Wednesday over whether to block Chico Mayor Kasey Reynolds’ vote against a major redesign of downtown streets and sidewalks.
Judge Tamara Mosbarger said she’ll issue a written ruling in the next “few days.”
It’s a closely watched decision that could move the project forward or leave it at a standstill.
The lawsuit against Reynolds was brought by former Mayor Ann Schwab and other residents. They’re requesting a preliminary injunction to not only cancel Reynolds’ vote, but also treat the Downtown Revitalization Project as approved to give the city time to meet a fast-approaching June 22 state grant deadline.
Reynolds was a key vote on April 21 when the project deadlocked 3-3. The lawsuit says Reynolds should not have voted on the plan because she co-owns Shubert’s Ice Cream and Candy, a downtown business on East Seventh Street.
Schwab’s attorney, Peter Washington, said the case is about more than just one vote.
“We need to be able to trust that our political leaders are doing things that they think are best for the community,” Washington told NSPR outside of court. “And reasonable people can differ about what that is, but if you have a stake in the decision, then the law says you can't participate.”
But Reynolds’ attorney, Brian Hildreth, argued in court that the case against Reynolds is speculative.
He said the challengers haven’t shown that the project would meaningfully affect Shubert’s, or that the business meets revenue thresholds required under conflict-of-interest rules.
Hildreth added that voiding Reynolds’ vote would effectively silence the mayor of Chico.
Mosbarger raised concerns about giving Schwab’s side everything they're asking for. She seemed hesitant to simply erase Reynolds’ vote and declare the project approved because other council members wouldn’t have another chance to weigh in.
Schwab’s attorney said another vote may be possible before the grant deadline. Reynolds’ attorney said that ordering or influencing the City Council to take another vote would amount to politicizing the injunction process.
Mosbarger’s tentative ruling, issued before Wednesday’s hearing, had sided with Reynolds.
