Kane

We are called upon to decide whether one who has never been a party to the challenged administrative environmental review process of a public agency is excepted from compliance with the doctrine of exhaustion of administrative remedies as a “member of the affected public” in the absence of facts showing how he was “affected” and that he could not reasonably have been a party to the administrative review process. We conclude that such a person does not qualify as a “member of the affected public” for purposes of invoking the exhaustion exception.

The Redevelopment Agency of the City of Hidden Hills (Agency) appeals a judgment granting a peremptory writ of mandate to compel it and another public entity and city officials to set aside a city ordinance and companion resolutions adopting and approving the Hidden Hills Redevelopment Project for Agency’s failure to comply with the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21100 et seq.). Murray O. Kane (Kane) appeals the order denying his motion for attorneys’ fees under Code of Civil Procedure section 1021.5.

We reverse the judgment and remand the matter with directions to dismiss the…