Court Dismisses Lawsuit Against New Alameda Point Food Bank Facility

On Tuesday, April 22, Alameda County Superior Court ruled to dismiss a lawsuit brought against Alameda Food Bank and the City of Alameda that challenged project approvals the Food Bank received to construct its new facility at Alameda Point, according to the City Attorney’s office and a report released by the Food Bank on Wednesday, April 23.

The lawsuit, filed in September 2024 by plaintiffs Tod Hickman and Shelby Sheehan, alleged that the City improperly exempted the project from full California Environmental Quality Act (CEQA) review by claiming a Section 15183 Exemption. That exemption applies to projects that are consistent with the development density established by existing zoning, community plan, or general plan.

Neither Hickman nor Sheehan serve on any legislative bodies, nor do they have any role in deciding Alameda Point policy. However, Hickman leases his business location (Building 43 Winery) on Monarch Street—located several blocks from the Food Bank property—from the City, and Sheehan is a former City tenant who was evicted in 2022 for nonpayment of rent.

At the time the suit was filed, Alameda City Attorney Yibin Shen said it was “entirely without merit,” noting, “The Food Bank project is supported by substantial environmental review and is situated in a location zoned for its purpose.” He added that the lawsuit and the potential delay it could impose on the Food Bank’s new facility was “extremely regrettable.”

At that time, AFB Executive Director Teale Harden told the Alameda Post her biggest fear was that the lawsuit “would result in a lengthy litigation that would result in the Food Bank’s inability to continue our services and that would impact people who receive food on a weekly basis.”

Now that the lawsuit has been dismissed—six months later—Harden expressed her relief, stating that the Food Bank now “looks forward to refocusing 100% of our energy and resources to serving our community.”

The City of Alameda posted a press release on Wednesday afternoon about the “frivolous lawsuit,” including a statement from Shen. “We applaud the court’s decision which allows the Food Bank to move into its forever home and continue to carry out its critical mission of bringing food security to all Alamedans — and we truly appreciate the Food Bank’s partnership during this legal process,” said the City Attorney. “This positive outcome demonstrates the City’s unwavering commitment to support our community partners and fight back against abusive and wasteful litigation threats.”

The Food Bank’s future home, directly across the street from its current facility at Alameda Point, repurposes an existing building, includes a new food storage warehouse, and provides parking for both food bank patrons and surrounding businesses. The facility is designed to provide food and related services to Alamedans who are experiencing food insecurity “in a dignified and respectful manner consistent with the Food Bank’s mission,” Wednesday’s report added.

“As an essential service, we currently serve 10% of the population of the City of Alameda,” Harden stated. “Our services, as well as the purchase of the land and costs associated with the construction of our forever home, does not rely on City funding and is made possible entirely through the ongoing support of thousands of donors and hundreds of volunteers who have supported us for more than 48 years.”

For more information or to learn how to get food, donate, or volunteer, visit the Alameda Food Bank website.