A nonprofit organization (Association) and neighbor challenged the County of San Luis Obispo’s (County) approval of a church project, arguing that it failed to comply with CEQA. The church abandoned the project and the County rescinded its approval. The Association and neighbor then filed a motion for attorneys’ fees. The Superior Court denied the neighbor’s
Litigation
Silverado Modjeska Recreation and Parks Dist. v. County of Orange (2011) 197 Cal.App.4th 282
Upon receiving a writ of mandate from the trial court in 2003, Orange County (County) prepared a supplemental EIR (SEIR) for its Silverado Ranch Canyon Project (Project). Petitioner challenged the County’s approval of the project claiming that the SEIR did not comply with the writ issued in 2003, and that the discovery of new information…
City Appeal of Trial Court Order Found Moot where City had Complied with the Order
In Building a Better Redondo v. City of Redondo Beach (February 22, 2012) __ Cal.App.4th __ (Case No. 124769), a group of slow-growth advocates brought a petition for writ of mandate and declaratory relief against the City of Redondo Beach, seeking an order compelling the city to submit a local coastal program amendment to public…
Court Awards Agency’s Costs of Preparing Administrative Record Despite Petitioner Electing to Prepare the Record
In an unpublished decision, Landwatch San Luis Obispo v. Cambria Community Serv. Dist., 2d Civil No. B229545 (2012), the Court upheld a trial court’s cost award of $14,615.41 to the Cambria Community Service District for time spent preparing the administrative record. The District initially sought almost $24,000. In reaching the amount awarded, the trial…
Northern District Awards Attorney’s Fees at Enhanced Rate above EAJA Cap in a Case Against the U.S. Bureau of Land Management
In Center for Biological Diversity, et al. v. U.S. Bureau of Land Management, et al., (2012 U.S. Dist. LEXIS 10555, January 30, 2012), the Court granted Plaintiffs’ attorneys’ fees in the amount of $1,003,155.87, despite Defendants claim that the fees were excessive. Among other things, Defendants argued that the case was overstaffed, travel…