California Court of Appeal

After defendant City prevailed in this California Environmental Quality Act (CEQA) writ proceeding, the City filed a memorandum of costs. The trial court granted petitioner's motion to tax and denied all costs. The trial court's judgment is reversed in part and remanded, where: 1) the fact that a petitioner elects to prepare the record under the CEQA record preparation statute, section 21167.6(b)(2), does not ipso facto bar the recovery of record preparation costs by a public agency; 2) the City was effectively put to the task of preparing a statutorily complete record; and 3) CEQA itself refutes a general "chilling effect" rationale to deny record preparation costs to a public agency.

Appellate Information

• Decided 09/15/2014
• Published 09/15/2014

Judges

• Banke

Court

• California Court of Appeal

Counsel