A group opposed to the McKinley Village development in East Sacramento has taken its case to the California State Appeals Court.
The appeal seeks to overturn a Sacramento Superior Court judge ruling in favor of the developer and the City of Sacramento.
Stephen Cook represents the group, East Sacramento Partnerships For A Livable City.
"It is an island surrounded by freight train tracks, a busy freeway and a landfill that has been found to be leaking methane. Placing a residential community there without adequate safeguards is inherently dangerous," he said.
He told the court that the project should not be allowed because the environmental impact report is lacking.
Encore McKinley Village LLC is the developer and says approval of a project should not be based on whether the environment affects the project.
Tina Thomas is the developer's attorney.
She says approval of a project should not be based on whether the environment affects the project.
"The perfect outcome is always for us to just continue building and for the EIR to be found adequate and for us to go back to our business of building and selling homes," she said.
McKinley Village has already built 14 model homes and has two more under construction.
It has also begun building 17 homes it hopes to begin selling September 24.