A federal judge on Wednesday threw out a lawsuit challenging how federal funds were awarded in Fresno Mayor Ashley Swearengin’s plan to reopen the Fulton Mall to traffic, clearing one of the few remaining hurdles for the controversial downtown project.
In a 39-page decision, U.S. District Court Judge Kimberly J. Mueller in Sacramento denied a motion for summary judgment in a case brought by the Downtown Fresno Coalition and other plaintiffs, and granted a similar motion by the city. The decision essentially ends the federal lawsuit, though the plaintiffs stiff have the option of appealing to the Ninth U.S. Circuit Court of Appeals.