Lots of questions going around the internet about the Amphitheater and the construction fences going up while the community garden's lawsuit is still pending.
My understanding is that the lawsuit has nothing to do with when construction begins as noted here on the Community gardener's website
Excerpt from 6/23/14
Our court appearance yielded mixed results. We are disappointed that
the Judge, Hon. Mark Partnow, denied our request for a preliminary
stay/injunction, which would have put a complete halt to the
amphitheater construction while this lawsuit is still pending.
Some are assuming that the DOB hasn't approved construction permits because of the lawsuit, but I see no evidence of that. Construction permit approvals are often delayed or denied for multiple reasons. It is routine in the development process for them to be delayed and then later approved.