Some Of The Public Opposed Based On City’s Mounting Fees And Slim Review Chances.
On August 28, 2015, we posted on Walker v. City of San Clemente, where the Fourth District, Division 3 affirmed a $10.5 million refund for unwarranted beach parking fees and a $1.5 million common fund award to counsel for the prevailing parties.
An article in the September 27, 2015 edition of The Orange County Register reports that the City Council recently voted to direct City’s attorneys to file a petition for review to the California Supreme Court. Some members of the public appeared to oppose this action, citing to the fact City has spent $235,000 in legal fees (likely on appeal) and will spend another $55,000 petitioning to the state supreme court (with one member of the public indicating only 5% of review petitions are granted).
BLOG CHECK—We checked the 2015 Court Statistics (involving 2013-2014 most recently available information) and found the person appearing at the City Council meeting was correct—5% of civil appeal cases get review granted; for all matters, only 3% of petitions for review are granted.
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