King

King v. Lewis

Bad Law
1990 Cal. App. LEXIS 341·219 Cal. App. 3d 552·268 Cal. Rptr. 277
Court of Appeal of CaliforniaApril 6, 1990A044618California2,353 words

Opinion

Opinion

Merrill, J.

Appellants Grant King, Mary Robertson, and Frank Sanchietti filed a petition for writ of mandate to compel respondent Sonoma County Counsel James Botz to delete or amend an impartial analysis prepared for a county referendum, “Measure B,” for the June 7, 1988, election. The trial court issued a peremptory writ of mandate, ordering three revisions to be made to the impartial analysis. After the election, appellants moved for attorney fees under Code of Civil Procedure section 1021.5, the private attorney general statute, which request was denied.

Appellants’ sole contention on appeal is that the trial court’s denial of attorney fees constituted reversible error.

I

Measure B encompassed the “Sonoma County Clean Water Ordinance,” which was first passed by the county electorate as an initiative in the 1952 election. Generally, the ordinance prohibited discharges into any county river or stream which are hazardous to public health, wildlife or plant life. Additionally the ordinance prohibited the depositing of any debris or effluent from any “source or operation” which decreases the clarity of any county river or stream. Also prohibited were “work or operations” which…

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