Edna Valley Watch v. County of San Luis Obispo

Here we hold a party may receive attorney’s fees incurred in an administrative hearing. The trial court denied a portion of appellants’ attorney’s fees requested under Code of Civil Procedure section 1021.5, the private attorney general statute. 1 The court also denied one party’s attorney’s fees incurred in a petition for writ of mandate because of the party’s personal stake in the litigation. We reverse.

Section 1021.5 allows attorney’s fees in administrative proceedings. In addition, a party may not be disqualified from receiving attorney’s fees because of his personal stake in the litigation. (Conservatorship of Whitley (2010) 50 Cal.4th 1206 [ 117 Cal.Rptr.3d 342 , 241 P.3d 840 ].)

FACTS

The Unitarian Universalist Fellowship of San Luis Obispo County (Church) planned to build an 11,000-square-foot church complex in the Edna *1316 Valley area of San Luis Obispo County (County). Philip G. da Silva (da Silva) owns property adjacent to the planned church facility. Edna Valley Watch (Edna) is a nonprofit association.

The County Planning Commission granted the Church a conditional use permit for its project. Da Silva appealed the decision to the Board of Supervisors of…