In Save Our Uniquely Rural Community Environment v. County San Bernardino, (2015) 235 Cal.App.4th 1179, the trial court granted an environmental group’s petition for a writ of mandate concerning a proposed community center and mosque, for which the county planning board had adopted a mitigated negative declaration (MND) and issued a conditional use permit (CUP), and the court ordered the MND and CUP be set aside solely for purposes of obtaining further CEQA review on the single issue of waste water treatment.
The trial court then granted petitioner’s motion for attorney’s fees as the prevailing party, but in an amount far less than petitioner requested, and petitioner appealed the amount of the award. The court of appeal affirmed, holding that the trial court did not abuse its discretion, given that petitioner’s success was limited to setting aside the MND and CUP solely for purposes of obtaining further CEQA review on a single issue, and that the motion for fees petitioner’s motion for fees assumed that all of the hours expended were justified without making a specific showing.
©2015 Miles J. Dolinger. This article is not intended to and does not constitute legal advice or a solicitation for the formation of an attorney-client relationship.
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