Appeals Court Rules in Favor of Attorney's Fees in Saggio Hills Case

An appeals court has found in favor of granting attorney fees to lawyers representing a Healdsburg citizens group that challenged an environmental review of development.

However, the developer, Robert Green, CEO of Sonoma Luxury Resorts, has said he is until the real estate and financial markets pick up from the recent economic slump.

In a June 4 unanimous opinion, the three-member First District Court of Appeals decided that two attorneys for a public interest citizens group in Healdsburg, should be paid in full.

The attorneys are lead counsel Rachel Mansfield-Howlett and  appellate attorney Janis Grattan (Watkins).

Green could not immediately be reached for comment early Monday.

ruled in favor of HCSS, determining that  the environmental impact report for Saggio Hills was "defective."

Later, Greenchallenged Boyd's decision to award attorney's fees to Mansfield-Howlett and Grattan for their two years of legal work for HCSS.

Green claimed that Grattan could not recover fees because she was an HCSS member and co-petitioner with HCSS and the public, and that Mansfield-Howlett's billings were excessive.

The appeals court panel upheld Boyd's fee award and denied all of Green's challenges.

In a "published" opinion, the Court held attorneys can represent public interest groups of which they are a member, stating "there is no cause for concern that Grattan is self-dealing.

"Rather, she was seeking to vindicate an important public interest in ensuring compliance with CEQA, and at the same time taking the risk that she would not be compensated for her time," the appeals court said.

In the "unpublished" portion of the opinion, the appellate court found the attorneys' hours and rate were reasonable.

The court's decision has significance in legal circles due to the fact that "published" appellate court opinions are "precedent-setting" and include less than 10 percent of California appellate opinions, said Warren Watkins, HCSS supporter.

"The HCSS legal victory can now be referenced in future citizen lawsuits in the public interest, where it is clear that groups such as HCSS can retain cost-effective legal expertise from within their supporters," Watkins said.