Court Green-Lights New Stadium for the 49ers


     (CN) – The San Francisco 49ers’ proposed new stadium in Santa Clara should not be delayed by the operator of Great America amusement parks, a California appeals court ruled.




     Cedar Fair LLC, which operates 15 amusement parks in the United States and Canada, tried unsuccessfully to get the city of Santa Clara and its redevelopment agency to put the brakes on the new 49ers stadium for lack of an environmental impact report.
     Cedar Fair is currently leasing the stadium site from the redevelopment agency and using it as parking space for its California’s Great America amusement park.
     The trial court ruled that the “stadium term sheet,” which outlines the transaction to develop the stadium, did not qualify as a project or project approval, so an environmental report was not yet necessary.
     Cedar Fair appealed, arguing that the city had committed itself to the stadium by approving a detailed plan and investing a large amount of money in the project.
     Justice Franklin Elia of the Santa Clara-based Sixth District California Court of Appeals agreed with the dismissal of Cedar Fair’s complaint.
     “Although the term sheer is extremely detailed, it expressly binds the parties to only continue negotiating in good faith,” Elia wrote. “A contract to negotiate an agreement is indistinguishable from the ultimate agreement that parties hope to eventually reach.”
     The San Francisco 49ers have played at Candlestick Park since 1971 and have won five Super Bowls. They already have their practice facilities and team headquarters in Santa Clara.
     Cedar Fair is based in Sandusky, Ohio. It runs the Cedar Point roller-coaster haven there, as well as Knotts Berry Farm, Canada’s Wonderland and a dozen other parks.

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