The US Department of Veterans Affairs filed an appeal on Friday to overturn a federal judge’s ruling that ordered the agency to build more than 2,500 temporary and permanent housing units on its West Los Angeles campus and invalidate VA land leases to UCLA and private schools. .
Attorney Brad Rosenberg, representing the U.S. Department of Justice, said the government will file an emergency motion on Wednesday asking the judge to stay the order pending a decision from the 9th Circuit Court of Appeals.
In the same hearing, US District Judge David O. Carter indicated that he may soon temporarily allow UCLA’s baseball team to reuse its Jackie Robinson Stadium, which has been closed, while a permanent settlement with UCLA is negotiated.
But the appeal cast doubt on Carter’s initial plan to have 106 modular units installed on campus within the next 90 days.
Carter’s order stems from a class-action lawsuit filed on behalf of veterans alleging the VA failed to provide on-campus housing for disabled and homeless veterans and leased part of the 388-acre campus to UCLA, a Brentwood school. and some other outside interests.
Officials representing the VA, who had committed in the previous hearing to pay for the house and cooperate with the plaintiff in the case to speed up the installation, told Carter there they are still committed and can have a contract in place in three weeks. But Rosenberg said the administration is taking the position that any payments to get housing would “not undermine” the VA by diverting money from other services.
Randy Johnson, an expert witness for the plaintiffs, told the judge that the vendor selected for the project needs an “iron guarantee” of payment before it will start manufacturing the unit.
Carter pressured the VA to eliminate the apparent contradiction.
“It’s as simple as this,” Rosenberg asked. “Are we progressing in this module or not?”
“We need to give the 9th Circuit enough time to make a decision before irreparable harm is done,” Rosenberg replied.
“Until I stay from the 9th Circuit, this court is moving forward,” Carter said. “This is an emergency.”
In the ruling, Carter found that the VA had a fiduciary duty to use the land for veteran housing and that the lease was invalid because it did not serve veterans.
After a four-week non-jury hearing, he ordered the VA in September to build 1,800 permanent housing units and 750 temporary housing units and hold continuing hearings in the coming weeks to determine what to do with the leased property, which includes Jackie Stadium. UCLA’s Robinson and the 22-acre sports complex built by Brentwood Schools.
In the opening move to implement his decision, Carter ordered the VA to install 106 modular units in three locations on campus including the parking lot for UCLA’s baseball stadium.
The appeal not only threw the plan into disarray, but cast doubt on the proposed settlement between the veterans and Brentwood Schools. Under the arrangement, veterans will be able to determine what school hours they can use the facilities, which include the football stadium, basketball pavilion, Olympic pool and weight room. The school will have a one-year lease, allowing veterans to use any land for housing if needed.
Carter said he expects the facility to remain untouched.
“I believe it’s a real benefit to veterans and a real benefit to Brentwood,” he said.
But the VA, the defendant in the case, has yet to sign the agreement. Rosenbeg said that it was objected on several grounds including Carter’s insistence that the invalidated 10-year lease would be replaced by a one-year lease.
Brentwood Schools attorney Jonathan Sandler said the school stands by the agreement, which it believes benefits students and veterans.
“It’s not clear to me what the VA wants,” said a frustrated Carter.
“I’m not clear either,” Sandler said.
Carter revived the future of UCLA’s baseball stadium.
He said that there is no need to immediately raze the facility to use the land for housing, saw some benefit in UCLA’s offer to increase the annual rent from $300,000 to $600,000.
Attorney Raymond Cardozo, appearing on Zoom, proposed a temporary solution to restore use of the stadium while he negotiates a “holistic” solution with court-appointed Monitor John Hueston.
Carter said he was ready to implement the plan Friday, but delayed the decision until Monday to give veteran attorneys time to talk with their clients.