Save Our Heritage Org. v. City of San Diego

Plaza de Panama Committee (the Committee) appealed the denial of its motion for attorney fees under Code of Civil Procedure section 1021.5. The Committee filed the motion after it successfully appealed a judgment granting a petition for writ of mandamus filed by Save Our Heritage Organisation (SOHO), in which SOHO challenged the approval by the City of San Diego (City) of a site development permit for a revitalization project in Balboa Park (the project). This appeal presented two related issues for the Court of Appeal’s review: whether the Committee, as a project proponent, could obtain a section 1021.5 attorney fees award and, if so, whether the court could impose such an award against SOHO. After review, the Court concluded a project proponent may obtain a section 1021.5 attorney fees award if the project proponent satisfies the award's requirements. Furthermore, the Court concluded while SOHO did not dispute the Committee satisfied the award's requirements, SOHO was not the type of party against whom the court may impose such an award because SOHO did nothing to compromise public rights. The Court, therefore, affirmed the order. View "Save Our Heritage Org. v. City of San Diego" on Justia Law