California Earth Corps v. State Lands Commission
In April 2005 we determined that the 2001 exchange of tidelands in Long Beach protected by the public trust doctrine for parcels along the Los Angeles River did not comply with former Public Resources Code section 6307.[1] We found the exchange did not enhance the configuration of the shoreline and concluded the trial court should have granted plaintiff California Earth Corpss (Earth Corps) petition for writ of mandate. While pending review in the Supreme Court, the State Lands Commission (Commission) sponsored legislation revising former section 6307, which became law. Earth Corps requested an award of costs and attorney fees pursuant to the private attorney general provisions of Code of Civil Procedure section 1021.5. The trial court denied the request, finding the action did not convey a significant benefit within the meaning of section 1021.5. Earth Corps appeals, arguing the underlying action conveyed concrete benefits sufficient to invoke section 1021.5. Court affirm the judgment.
Comments on California Earth Corps v. State Lands Commission