California Government Code

§ 65914

GOV § 65914 Effective Jan 1, 2004Div. 1 · Title 7 · Ch. 4.2

Statute text

(a)In any civil action or proceeding, including, but not limited to, an action brought pursuant to Section 21167 of the Public Resources Code, against a public entity that has issued planning, subdivision, or other approvals for a housing development, to enjoin the carrying out or approval of a housing development or to secure a writ of mandate relative to the approval of, or a decision to carry out the housing development, the court, after entry of final judgment and the time to appeal has elapsed, and after notice to the plaintiff or plaintiffs, may award all reasonably incurred costs of suit, including attorney’s fees, to the prevailing public entity or nonprofit housing corporation that is the real party in interest and the permit applicant of the low- and moderate-income housing if it finds all of the following:

(1)The housing development meets or exceeds the requirements for low- and moderate-income housing as set forth in Section 65915.

(2)The action was frivolous and undertaken with the primary purpose of delaying or thwarting the low- or moderate-income nature of the housing development or portions thereof.

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Legislative history

Amended by Stats. 2003, Ch. 793, Sec. 4. Effective January 1, 2004.