Neighbors staunchly opposed an 82-unit apartment project in northwest Fresno. Rendering via City of Fresno

A Fresno County Judge has ordered the Fresno City Council to approve a four-story, 82-unit luxury apartment complex on Herndon and Prospect avenues in Northwest Fresno, siding with project developer James Huelskamp after the council initially rejected the project in July of 2024.

GV Wire first reported Tuesday that Judge Robert Whalen ruled that the project must be “deemed consistent, compliant, and in conformity” with Fresno’s General Plan and zoning code. The decision by Whalen gives the council 60 days to comply and allow the city to cover the developer’s legal fees.

A person at LandValue Management, Huelskamp’s development firm, said he was unavailable for comment Wednesday afternoon. 

Councilmember Mike Karbassi, who represents District 2, the area where the project is proposed, issued a statement following the announcement of the ruling. 

“California is undeniably facing a severe housing crisis, and Fresno is no exception,” Karbassi said. “Yet, the push to increase density in our city has too often bypassed transparency and community engagement.”

Karbassi noted the 2015 Development Code update as a significant failure. 

“The tactics used by the Mayoral administration at the time rushed the document through with minimal public notice,” Karbassi said. 

He also criticized the developer’s approach, saying it “has been marked not just by neglect but by blatant disrespect toward a community that has consistently voiced thoughtful concerns.”

“It is unfortunate that the developer of a luxury apartment complex is further burdening the neighborhood and the taxpayers of Fresno with the cost of addressing these issues,” Karbassi said.

He pointed out the need for more housing in Fresno, but with the support of the community.

“We absolutely need more housing, but we must build responsibly, with full transparency and genuine respect for the voices of the communities we serve.”