Is an award of attorneys' fees appropriate where a party succeeds in challenging administrative actions of a government entity on grounds that they failed to comply with the California Environmental Quality Act?

California, United States of America


The following excerpt is from Orinda Assn v. Board of Supervisors, 182 Cal.App.3d 1145, 227 Cal.Rptr. 688 (Cal. App. 1986):

It has been held that an award of attorneys' fees under the cited statute is appropriate where a party is successful in challenging administrative actions of government entities on grounds of failure to comply with [182 Cal.App.3d 1170] CEQA. (Starbird v. County of San Benito (1981) 122 Cal.App.3d 657, 665, 176 Cal.Rptr. 149.) Respondents contend that no significant benefit will be conferred on the public in this case because the issues here are primarily ones of statutory construction, and the appellants are assertedly motivated solely by narrow private motivations.

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