Jobe

Jobe v. City of Orange

Good Law

105 Cal. Rptr. 2d 782·2001 Cal. App. LEXIS 271·2001 Daily Journal DAR 3543·88 Cal. App. 4th 412·2001 Cal. Daily Op. Serv. 2907

Court of Appeal of CaliforniaApril 10, 2001G026974, G027732California2,342 words

Opinion

O'Leary, J.

Jere A. Jobe appeals a judgment denying his petition for writ of mandate (Code Civ. Proc., §§ 1085, 1094.5) seeking to compel the City of Orange (the City) to set aside its approval of the expansion of the Lutheran High School of Orange. He contends the City failed to comply with the California Environmental Quality Act (CEQA) by preparing a mitigated negative declaration (MND) for the project, rather than a full environmental impact report (EIR). He raises numerous arguments on appeal, none of which have merit, and we affirm.

In a separate appeal, real party in interest Lutheran High School Association of Orange County (LHS), the nonprofit organization which owns and operates the parochial school, complains that it should have been awarded its attorney fees under Code of Civil Procedure section 1021.5 (private attorney general) because it advanced an important public interest in education by successfully defending. We disagree and affirm ■ the postjudgment order denying attorney fees.

I

Lutheran High School is located in a residential zone of the City, where schools are a conditionally permitted use. The high school occupies a 12.82-acre site on Santiago Boulevard,…

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