Fresno County Superior Court Judge Robert Whalen gave the city another two months to come up with a plan to allow a controversial four-story apartment at the corner of Herndon and Prospect avenues.

In a previous ruling, Whalen gave the city until Sept. 12 to decide what environmental requirements would be needed before approving the luxury apartments that neighbors and some city councilmembers railed against.

On Friday, Whalen gave the city until Nov. 11 to decide if an environmental study would be needed. Fresno City Attorney Andrew Janz told GV Wire said the city needed more time to notify local tribes and give them a chance to respond, a requirement by state law.

“The City needs more time to comply with (Assembly Bill) 130 by notifying tribes and allowing them an opportunity to comment on the projects,” Janz said in a statement.

Fresno City Needs to Decide What Environmental Studies Will Be Needed

Developer James Huelskamp’s company, LandValue Management, sued the city after Fresno City Council denied the apartment complex in July 2024 on a technicality. Many neighbors objected to the size of the apartment complex, saying it didn’t match the area.

In his ruling last month, Whalen ordered the city to approve the project, but he said the city needed to determine what environmental studies would be needed.

Related Story: Complaint Filed Against Judge in NW Fresno Luxury Apartment Case

Tribes being notified include the Amah Mutsun Tribal Band, Dumna Wo Wah, Kitanemuk and Yowlumne Tejon Indians, the North Fork Rancheria of Mono Indians, the Northern Valley Yokut, the Picayune Rancheria of the Chukchansi Indians, the Southern Sierra Miwuk Nation, the Table Mountain Rancheria, Tule River Indian Tribe, and Wuksachi Indian Tribe.

An ethics complaint was filed against Whalen earlier this month for previous donations LandValue Management made to Whalen.

Janz said the complaint did not come up in the hearing Friday.