Beach Colony II v. California Coastal Com.

The Coastal Commission of the State of California (Commission) appeals an order awarding Beach Colony II (Colony II) attorneys fees of $50,550 pursuant to Code of Civil Procedure section 1021.5, for expenses incurred in litigating certain administrative mandamus proceedings (§ 1094.5). Colony II cross-appeals the denial of attorneys fees incurred during the preceding administrative Coastal Commission proceedings. Alternatively, Colony II claims it is entitled to attorneys fees incurred for both the administrative and judicial proceedings pursuant to the Federal Civil Rights Attorneys’ Fees Awards Act, 42 United States Code section 1988 . We reverse so much of the judgment as awards fees for the mandamus proceedings.

Factual and Procedural Background

Colony II, a partnership formed to hold and develop real property, applied to the Commission for a development permit to build 10 condominium units (with mother-in-law attached units) on its land adjacent to the San Dieguito Lagoon. One special condition imposed by the Commission required Colony II to transfer a portion of its property to the public in exchange for the right to restore its parcel to its original contours…