Facts

In November 2007, the Ontario City Council approved the development of a Wal-Mart Supercenter store in the City of Ontario (Project). Ontario Mountain Village Association challenged the adequacy of the City's approval of the project under the California Environmental Quality Act (CEQA).

PETITIONER'S CONTENTIONS:
Petitioner alleged that the City's environmental analysis of the potential impacts of the Project was inadequate. In particular, petitioner claimed, among other things, that the City did not properly analyze the project's potential impacts on traffic and air pollution.

RESPONDENTS' CONTENTIONS:
Respondents argued that the subsequent environmental impact report prepared by the City for the project (SEIR) complied with CEQA in all respects.

Damages

Petitioner requested $487,684 in attorney fees.

Result

The trial court ruled that the SEIR complied with CEQA in all respects, including the SEIR's analysis of urban decay, traffic and air quality, with the sole exception being a study of potential traffic safety impacts related to a single right-hand turn big-rig trucks had to make to approach the Project site. The trial court issued a writ of mandate with respect to that issue only. Petitioner appealed the trial court's rejection of all its arguments in their entirety (except for the truck traffic issue). Neither the City nor Wal-Mart appealed the judgment. The Court of Appeal denied petitioner's appeal and issued an opinion affirming the judgment in every respect. On Aug. 3, 2011, the trial court discharged the writ of mandate based on the City's compliance therewith pursuant to an addendum to the SEIR. Petitioner then moved for its attorney fees. The court awarded $54,303 in attorney fees.

Other Information

Petitioner has appealed the trial court's ruling on the fee motion.