Kreutzer

Herman W. Kreutzer appeals an order denying him attorney’s fees.

Kreutzer was issued an outdoor entertainment license by the San Diego County Sheriff’s Department for his recreational facility known as “Big Oak Ranch.” The license was subject to certain conditions including attendance limits at outdoor concerts. The license was issued for one year.

In May 1982, Kreutzer applied for renewal of his license. The sheriff denied the renewal on the ground Kreutzer had repeatedly violated the conditions of his license. Kreutzer requested and was granted a hearing before a hearing officer appointed by the sheriff pursuant to San Diego County Code sections 16.109 and 16.111. The hearing officer affirmed the denial of Kreutzer’s application. Kreutzer appealed this decision to a hearing officer appointed by the board of supervisors from a list of qualified hearing officers (SDCC § 16.114; App. 74).

This hearing officer determined Kreutzer had wilfully exceeded the attendance restrictions on his license on three occasions and had “willfully misrepresented his intentions to abide by the numerical restrictions” on three occasions. However, the hearing officer did not find Kreutzer’s…