California Court of Appeal

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Save Our Heritage Organization v. City of San Diego, 070006

In an appeal from an order denying a motion for attorney fees under Code of Civil Procedure section 1021.5, in an underlying challenge to the approval by the City of San Diego of a site development permit for a revitalization project in Balboa Park, the order is affirmed where: 1) a project proponent may obtain a section 1021.5 attorney fees award if the project proponent satisfies the award's requirements; and 2) while plaintiff does not dispute the Committee satisfied the award's requirements, plaintiff is not the type of party against whom the court may impose such an award because plaintiff did nothing to compromise public rights.

Appellate Information

  • Decided
  • Published 2017/04/27

Judges

  • McCONNELL

Court

  • California Court of Appeal

Counsel