The city's approval of the project in May sparked two referendums to overturn the council's decision while Neiman Marcus supporters countered with an initiative of their own to affirm the council's decision. In August, the city council decided to put the initiative on the November ballot but did not act on the referendums, prompting its supporters to file suit in Contra Costa County Superior Court.
Judge David Flinn on Sept. 1 ordered the city to put the two referendums on the ballet or reverse its approval, saying the city gave the initiative an unfair advantage by ignoring the referendums. With no time to add the two referendums to the November ballot the city council this week was forced to do the latter, thereby negating the referendums that were based on the project's approval.
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