CUP/Oak Tree Dispute Only Producing Non-Merits Administrative Stay Did Not Qualify For CCP § 1021.5 Fees.
On February 20, 2020, we posted on Canyon Crest Conservancy v. County of Los Angeles (Kuhn), Case No. B290379 (2d Dist., Div. 4 Feb. 19, 2020), unpublished at the time. We can now report that it was published on March 12, 2020.
Plaintiff won a non-merits administrative stay under CEQA, but the county complied with vacating the permit approvals, and plaintiff dismissed the case. The 2/4 DCA agreed with the trial judge that no private attorney general award was warranted because no public interest was involved based on a “status quo” administrative stay and because no significant benefit was conferred on a large class of individuals in light of the private interest involved on the part of plaintiff.