Friday, March 13, 2020

Canyon Crest Conservancy v. Kuhn (Cal. Ct. App. - March 12, 2020)

You got your wish.  You created a nonprofit and brought a lawsuit so your neighbor couldn't build a modest (1400 square foot) home on an acre next to yours.  You didn't prevail on the merits, but you made it sufficiently difficult (and expensive) that the would-be neighbor simply abandoned the permit rather than continue to defend your litigation.

Be happy.  You obtained what you wanted.  But we're not going to give you a quarter million dollars in attorney's fees as well.  No significant benefit to the general public sufficient to justify an award under the "private attorney general" doctrine.

Just declare victory against your pro per would-have-been neighbor and go back home.