Friends of Spring St. v. Nev. City

*1096 This attorney fees and costs case follows from our opinion in Friends of Spring Street v. Nevada City (Mar. 10, 2017, C081195) 2017 WL 945106 [nonpub. opn.] ( Friends I ). An association (plaintiff Friends of Spring Street) filed a petition for writ of mandate and complaint for declaratory and injunctive relief in superior court, challenging a determination by defendant Nevada City (the City) that real parties in interest Mollie Poe and Declan Hickey (collectively Real Parties) had the right to resume operation of a bed and breakfast facility in a residential district of the City despite the fact that, years earlier, voters had passed an initiative measure repealing the provisions in the City's municipal code allowing such facilities. Plaintiff also challenged a 2015 City ordinance relating to the discontinuance of nonconforming uses subject to conditional use permits. The trial court upheld the City's ruling with respect to the bed and breakfast and upheld the 2015 ordinance. ( Friends I .) Plaintiff appealed.

In Friends I , "we conclude[d] that while the trial court did not err in upholding the 2015 ordinance, the court did err in upholding the [C]ity's ruling with…