Judge Rules In Favor of Alameda Food Bank Project

Published on April 23, 2025

Frivolous lawsuit against Alameda Food Bank to be dismissed

The Alameda Food Bank (AFB) has combated food insecurity by providing food to Alameda families for several decades. Founded in 1977 when it was operating out of a church, AFB has relocated several times to temporary locations over the years. In 2022, AFB approached the City about establishing a permanent home for the food bank, and subsequently purchased the site at 677 W. Ranger Ave. in Alameda Point from the City. In July 2024, AFB received its final City approvals and began construction of its new home.

Following this collaborative multi-year process, Petitioners Shelby Sheehan and Tod Hickman brought a frivolous lawsuit trying to stop construction of this vital community resource. The lawsuit claimed that the new foodbank would have negative impacts on a “historic parking lot” and that the City violated the California Environmental Quality Act (CEQA) by approving the project. These allegations had no merit.

 In response, the City and AFB filed a motion seeking to dismiss the lawsuit based on the Petitioners’ failure to comply with the basic requirements for challenging projects under CEQA. The Court heard oral arguments on the motion in January of this year.

On April 22, 2025, the Honorable Judge Michael Markman of the Alameda County Superior Court granted the motion in the City’s and AFB’s favor and disposed of all of Petitioners’ baseless claims.

“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,” says City Attorney Yibin Shen. “This positive outcome demonstrates the City’s unwavering commitment to support our community partners and fight back against abusive and wasteful litigation threats.”