Judge Bauer Imposes Fees Against City When Interest Group Obtains
Reversal of the City’s Council Approval of a Freeway-Sign Exception
Permit.
In May 2008, Orange County Superior Court Judge Ronald
Bauer overturned the San Clemente City Council’s prior approval of a freeway
sign exception permit for a proposed outlet mall project. The exception permit
had allowed up to 32 freeway-oriented signs for Plaza San Clemente on Marblehead
Coast property along the I-5 freeway at the Avenida Vista Hermosa exist. This
reversal was obtained in a lawsuit brought by San Clemente Citizens for
Integrity in Development, headed by Richard Boyer.
Later, in early October 2008, Judge Bauer awarded the City of San
Clemente to pay $114,427 in attorney’s fees and costs to plaintiff as the
prevailing party. This award was over and above about $125,000 that the City
had paid in defending against the lawsuit in the first
instance.
More details on this award can be found in an October 6, 2006 Orange
County Register article by Fred Swegles, “San Clemente must pay plaintiff’s fees
in lawsuit over all signs,” which is available for review by clicking here.