After more than a year of contentious legal battles, the discussion surrounding the proposed development near Memorial Stadium will likely end today in Alameda County Superior Court.

The legal battle over proposed development near Memorial Stadium will be discussed, likely for the last time, in Alameda County Superior Court today.

In what is largely a procedural hearing, Superior Court Judge Barbara Miller will decide to finalize the ruling she issued in July and possibly extend the injunction preventing construction at the site.

In July, Miller ruled in favor of the campus, giving them permission to construct the proposed athletic center.

Both the California Oak Foundation and the Panoramic Hill Association­-two of the three plaintiffs in the case-already appealed Miller's earlier decision in the campus's favor.

However, at the time, the appellate court said Miller had not appropriately finalized her ruling and returned the case to Miller's court room.

"At the end of a court case there are a lot of technicalities," said Mike Kelly, a board member for the association. "The appellate court thought (Miller) got a little ahead of herself."

Both the foundation and the association plan to re-appeal Miller's decision shortly after she finalizes her ruling today. The city of Berkeley-the third plaintiff-has not yet decided if they will appeal Miller's decision.

Miller could decide today how long she should extend the injunction on construction. The three-judge appeal panel must decide if they will continue the injunction through the appeal, which could last more than 10 months.

Kelly said he expected Miller would not extend the injunction more than a week after today. However, by law, the injunction must continue for 20 days after Miller's extension to allow the panel of appellate judges time to consider continuing the injunction.

If the appellate court rejects continuing the injunction, the campus can begin construction.

Dan Mogulof, the campus executive director of public affairs, said it was important to begin construction as soon as possible because associated costs were rising.

"Every month of additional delay is costing us ... Even a two week difference means a lot," he said.

If the injunction is lifted and the campus begins construction, the controversial oak grove that has been occupied by tree sitters since December 2006 will likely be one of the first priorities.

But four tree sitters continue to

occupy one tree in the grove, hoping to prevent the campus from removing the trees.

UC Berkeley senior Marcella Sadlowski, a supporter of the tree-sit, said she was glad there was an appeals process.

"Thank God we do have an appeals process in this country, because a lot of these cases are won in the appeals court," she said.

The tree-sitters have repeatedly said they will not voluntarily come down from the trees until the campus promises they will not remove the trees.

Tags: JUDGE BARBARA MILLER, TREE SIT, MEMORIAL STADIUM