A California Appellate court in San Francisco said today that it will not issue an injunction banning construction at the site of proposed development near UC Berkeley's Memorial Stadium.

The decision by the three-judge panel allows the campus to begin the construction it has been seeking to begin since December 2006. Plaintiffs say they will ask for an emergency injunction from the California Supreme Court tomorrow.

"The petition for (an injunction), mandate and/or prohibition and the related requests for an immediate stay and a 20-day stay are denied," the ruling from the court reads.

While the campus could theoretically begin construction at the site this afternoon, Dan Mogulof, the campus's executive director of public affairs, said the campus has yet to decide when construction, and the removal of the remaining tree sitters, will begin.

Stephan Volker, an attorney for the California Oak Foundation--one of the two plaintiffs in the appeal--said he was upset.

"We are disappointed with the court of appeals ruling," he said.

Three groups--including the city of Berkeley--sued the university seeking to prevent the construction of a proposed athletic center near the stadium. The case was heard by Alameda County Superior Court Judge Barbara Miller, who issued her final ruling in the case last week.

Mogulof said he was ecstatic.

"It's a great day," he said. "It took us over 20 months and now two courts have been heard from. We're delighted."

Tags: CONSTRUCTION, MEMORIAL STADIUM, ATHLETIC CENTER LAWSUITS, OAK GROVE