The San Jose Mercury News, on Tuesday, reported that the city of San Jose did not adequately prove it was necessary to tear down the building for a retail project to be successful. “The 6th Appellate District Court of Appeal on Friday upheld a 2004 Superior Court judge’s decision that gave the 69,000-square-foot IBM Building 25 a reprieve from demolition to make way for a Lowe’s Home Improvement Warehouse.
“Judge Leslie Nichols ruled that the city did not fully make its case in an environmental impact report that alternatives, such as building a smaller store on the 18.75-acre site, were not feasible. The court agreed with Nichols’ decision, which ordered the city council to rescind its vote to accept the EIR and approve the project. Other preservation groups could use this ruling to help them pursue cases of their own involving big-box retailers and historic structures, she said.”