Herrington v. County of Sonoma

883 F.2d 739 John S. HERRINGTON, David S. Herrington, and Quail Hill Ranch, a partnership, Plaintiffs-Appellees-Cross-Appellants, v. COUNTY OF SONOMA, Defendant-Appellant-Cross-Appellee. Nos. 86-2620, 86-2728. United States Court of Appeals, Ninth Circuit. Aug. 22, 1989. Before CHOY, SNEED and TANG, Circuit Judges. ORDER 1 John and David Herrington (the "Herringtons") seek an award, pursuant to 42 U.S.C. Sec. 1988 , for attorney's fees and costs incurred in opposing an appeal in this court by the County of Sonoma (the "County") from a judgment in favor of the Herringtons in their 42 U.S.C. Sec. 1983 action. The Herringtons also seek fees and costs incurred in opposing the County's petition for certiorari before the Supreme Court. BACKGROUND 2 In June, 1980, the Herringtons filed suit against the County pursuant to 42 U.S.C. Sec. 1983 . 1 The Herringtons own a 540-acre property in Sonoma County on which they proposed to develop a subdivision. The County rejected the Herringtons' subdivision application as inconsistent with the County's general plan for development and subsequently downzoned the area in which the Herringtons' land is located. In the Herringtons' complaint, they…