West San Jose to get Costco after judge tosses lawsuit

A Santa Clara County Superior Court judge has tossed a lawsuit seeking to block plans to bring a new Costco to a West San Jose shopping center. The decision clears the way for the hotly contested development project to move forward.

The suit, backed by a resident group known as West Valley Citizens for Responsible Development, argued the San Jose City Council had erred in approving the Costco project in October 2024. The lawsuit, filed two months after the council vote, alleged the proposed 165,000-square-foot store at the Westgate West Shopping Center violated city zoning rules and the project’s environmental review process was inadequate.

Judge Charles Adams rejected the group’s arguments in a 28-page ruling delivered Jan. 5. The plaintiffs have roughly two months to file an appeal, according to a legal expert familiar with the case…

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