Friends of Spring Street v. Nevada City

An association (plaintiff, Friends of Spring Street) filed a petition for writ of mandate and complaint for declaratory and injunctive relief at superior court, challenging a determination by defendant Nevada City (the City) that real parties in interest Mollie Poe and Declan Hickey had the right to resume operation of a bed and breakfast facility in a residential district of the City despite the fact that, years earlier, voters had passed an initiative measure repealing the provisions in the City’s municipal code allowing such facilities. Plaintiff also challenged a 2015 City ordinance relating to the discontinuance of nonconforming uses subject to conditional use permits. The trial court upheld the City’s ruling with respect to the bed and breakfast and upheld the 2015 ordinance. In Friends I, the Court of Appeal concluded that "while the trial court did not err in upholding the 2015 ordinance, the court did err in upholding the [C]ity’s ruling with respect to the bed and breakfast." On remand, the trial court vacated its prior decision on the bed and breakfast issue and entered judgment in favor of plaintiff on that issue with respect to its petition for writ of mandate. The trial court further directed the City to file a return to the writ, indicating it had set aside its challenged decision. The City complied. Plaintiff then moved for costs under Code of Civil Procedure section 1032 and attorney fees under section 1021.5; the City and Real Parties opposed. The trial court granted the City’s and Real Parties’ motions to strike plaintiff’s memorandum of costs and denied plaintiff’s motion for attorney fees. Plaintiff appealed, but finding plaintiff was entitled to fees, the Court of Appeal reversed and remanded for : (1) a determination of the amount of costs to be awarded to plaintiff, if any, in accordance with section 1032 and the applicable legal principles; and (2) a determination whether the necessity and financial burden of private enforcement renders an attorney fee award appropriate and, if so, the amount to be awarded. View "Friends of Spring Street v. Nevada City" on Justia Law