Heron Bay Homeowners Assn. v. City of San Leandro (Halus Power Systems), Case No. A143985 (1st Dist., Div. 4 Jan. 12, 2018) (published) is a situation where an HOA did win a CEQA biological issue “on a close call” because there was some financial incentive by HOA as far as diminished property values from the proposed project subject to CEQA challenge. Ultimately, HOA did win on a biological issue, with the trial court awarding about one half of claimed fees under the private attorney general statute to the tune of $181,471.70—after making various adjustments and giving a slight positive multiplier on some components of the fee request. Read the article………………
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