California Court of Appeal

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Wagner Farms, Inc. v. Modesto Irrigation Dist., F049966

Award of costs to defendant in CEQA case is reversed where the time defendant spent preparing that part of the record of proceedings containing documents that were created after the project was approved was not a necessary and reasonable cost of preparing the record, the minimal factual information submitted was insufficient to justify the unusually high per page cost, and the information submitted did not allow separation of the time defendant reasonably spent assembling, organizing, and indexing documents reflecting the proceedings actually held from the time spent with the record that furthered defendant's own interests.

Appellate Information

  • Decided 12/06/2006
  • Published 12/06/2006

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Gilmore, Wood, Vinnard & Magness and David M. Gilmore, Fresno, for Plaintiffs and Appellants.

  • For Appellees:
  • Joy A. Warren, Joel S. Moskowitz, Modesto;  Downey Brand and Jennifer L. Harder, Sacramento, for Defendant and Respondent.
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