i think june 24, a project came in front of the certification of an eir, a conditionalpjx use authorizatioand an application to the zoning administrator for a variance. at that time, there was a motion to certify the eir. it received three votes in favor, four votes opposed. so the motion failed. there is no subsequent motion to not certify it. the then-commission went on to the next item on the agenda which was the conditional use authorization, which was denied. the zoning administrator subsequently denied the variance application because the -- cu had been denied. subsequent to that, the department of building inspection canceled the related demolition permit application, and building permit application associated with the proposed project. in july of 2010, the project sponsor and the property owner filed a state court action against this city, challenging the denials. in december of 2010, they filed their first amended complaint and petition for writ of mandate, which we litigated. and we filed what's called a demur which is a motion to dismiss, which was granted i believe on july 1, 2