Updated: Judge Issues TRO Halting Sale of Berkeley Post Office

Becky O'Malley
Wednesday November 05, 2014 - 04:24:00 PM

United States District Judge William Alsup today issued a temporary restraining order against the U.S. Postal Service, enjoining the USPS and three of its named executives from completing the sale of the Berkeley Post Office until a hearing on the motion for preliminary injunction filed by attorney Antonio Rossmann on behalf of the City of Berkeley can be conducted. 

The motion seeks to halt the sale because “the City believes that USPS will attempt to convey the Post Office property at any moment,” even though USPS reportedly has not performed the reviews required by the National Historic Preservation Act or the National Environmental Policy Act. 

A story given exclusively to berkeleyside.com by an undisclosed source said that the potential buyer is Hudson McDonald, a development company which in the past has had a close relationship with investor David Teece. Who their current investors in this project might be has not been revealed. 

According to Berkeleyside reporter Tracey Taylor “Hudson would not disclose the price the developer has offered to pay for the post office, and said it could change depending on disclosures such as the cost of retrofitting the building.” This would seem to imply that there are contingencies in the sales contract which must be satisfied before the deal is final. 

Rossmann told the Planet he was pleased with the speed that the TRO was granted by Judge Allsup. It will be in effect until November 10 17. The defendants have until noon on Friday December 10 to respond.