Building a Better Redondo, Inc. v. City of Redondo Beach
137 Cal. Rptr. 3d 622
Cal. Ct. App.2012Background
- BBR petitioned for writ of mandate and declaratory relief to compel placement of Area 2 local coastal program amendments on the ballot under Charter XXVII major changes in allowable land use.
- City argued 2005/2008 amendments predated the charter and were not subject to the voter-approval requirement; trial court held amendments constituted a major change and ordered a vote.
- City voluntarily complied with the writ and Measure G placed on the November 2010 ballot; Measure G passed and Area 2 LCP amendments were certified in 2011.
- Charter XXVII requires voter approval for major changes in allowable land use; definitions tie major changes to amendments to the coastal zoning ordinance meeting certain conditions.
- Coastal Act requires Coastal Commission certification of LCP amendments; 2005/2008 amendments were not certified before December 16, 2008 and were deemed not final; Coastal Commission denied certification in 2009 and modifications were later adopted in 2010.
- BBR separately sought attorney fees under CCP 1021.5; the trial court awarded fees; the City appealed both the judgment (moot) and the fee award (appealable).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mootness of appeal after voluntary compliance | BBR: compliance moots the appeal. | City: unresolved merits still reviewable; sanctions concerns. | Appeal from judgment dismissed as moot. |
| Appealability of attorney fee award separate from judgment | BBR: fee award remains reviewable after moot judgment. | City: mootness of judgment bars review of fees? | Attorney fees award separately appealable; affirmed. |
| Whether Area 2 amendments were subject to voter approval under Charter XXVII | BBR: amendments constituting major change require voter approval. | City: pre-charter amendments not subject; only post-charter changes require vote. | Issue rendered moot by voluntary compliance; underlying merits not decided on appeal. |
Key Cases Cited
- Yost v. Thomas, 36 Cal.3d 561 (Cal. 1984) (Coastal Act framework and local coastal program requirements)
- Kowis v. Howard, 3 Cal.4th velen (Cal. 1992) (denial/summary of mootness and appeal procedure)
- Morehart v. County of Santa Barbara, 7 Cal.4th 725 (Cal. 1994) (voluntary compliance can render moot post-judgment disputes)
- Eye Dog Foundation v. State Board of Guide Dogs for the Blind, 67 Cal.2d 536 (Cal. 1967) (equitable exceptions to mootness in declaratory/ongoing matters)
- Bullis Charter School v. Los Altos School Dist., 200 Cal.App.4th 1022 (Cal. App. 2011) (discussion of continuing public interest and mootness discretion)
- Serrano v. Unruh, 32 Cal.3d 333 (Cal. 1982) (standards for attorney fees and public interest litigation)