The proposed Trader Joe's grocery store in Downtown Berkeley overcame a legal hurdle Wednesday when a judge dismissed neighbors' complaints about the project.

The development, located at University Avenue and Martin Luther King Jr. Way, was approved by the City Council in July 2007, but a group of neighbors filed a lawsuit against the city soon after.

The organization, called Neighbors for a Livable Berkeley Way, led by Stephen Wollmer, who is also the lead plaintiff in the case dismissed yesterday, has been opposing the development since the plans were first proposed.

"The city shoved it down our throats," Wollmer said.

In the lawsuit, Wollmer claimed that the developers violated state and city density ordinances and did not complete a full environmental impact report.

Acting City Attorney Zachary Cowan said he was pleased that all components to Wollmer's case were denied by Alameda County Superior Court Judge Frank Roesch.

Stuart Flashman, Wollmer's attorney, said he was not surprised by the judge's decision.

"He was pretty clear he'd already reached his decision before the oral argument," he said. "His questions clearly showed he was leaning toward denying the (petition)."

The judge will prepare and file a final statement of decision and explanation before the beginning of May.

After the final decision, the plaintiffs have 60 days to pursue an appeal.

While an appeal would allow the plaintiffs to make their arguments again in front of three new judges on the First District Court of Appeals, the process would take between six months and a year and may accrue significant expenses, Wollmer said.

Seventy-five people are currently on the e-mail list for the neighborhood group, with 25 of them contributing financially, Wollmer said.

With the lawsuit concluded, demolition and construction plans will soon be going forward.

Wollmer said he was disappointed because he thinks the project will be a detriment to the neighborhood, increasing traffic and limiting parking.

"We felt we made a case that the city had exceeded their allowed discretion, and the judge didn't agree with us," Wollmer said.

Tags: TRADER JOE'S, NEIGHBORS FOR A LIVABLE BERKELEY WAY, CITY ATTORNEY