Judge Bauer Imposes Fees Against City When Interest Group Obtains Reversal of the City’s Council Approval of a Freeway-Sign Exception Permit.
In May 2008, Orange County Superior Court Judge Ronald Bauer overturned the San Clemente City Council’s prior approval of a freeway sign exception permit for a proposed outlet mall project. The exception permit had allowed up to 32 freeway-oriented signs for Plaza San Clemente on Marblehead Coast property along the I-5 freeway at the Avenida Vista Hermosa exist. This reversal was obtained in a lawsuit brought by San Clemente Citizens for Integrity in Development, headed by Richard Boyer.
Later, in early October 2008, Judge Bauer awarded the City of San Clemente to pay $114,427 in attorney’s fees and costs to plaintiff as the prevailing party. This award was over and above about $125,000 that the City had paid in defending against the lawsuit in the first instance.
More details on this award can be found in an October 6, 2006 Orange County Register article by Fred Swegles, “San Clemente must pay plaintiff’s fees in lawsuit over all signs,” which is available for review by clicking here.