RECENT CALIFORNIA DECISIONS

February 2007

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Third District Court Affirms Attorneys’ Fees Award Against State Agencies which Attempted to Convert Farmland under Williamson Act Contract into Wildlife Habitat
County of Colusa v. California Wild Life Board et al.

The Third District Court of Appeal recently af-firmed a trial court’s award of attorneys’ fees to Colusa County against the California Department of Fish and Game (DFG) and the California Wildlife Conservation Board (WCB) (together, the state agencies). The state agencies had sought to convert land under a Super Williamson Act contract into wildlife habitat without complying with procedural requirements of the Williamson Act. The trial court awarded attorneys’ fees to the county under a private attorney general theory because the county’s action enforced an important right affecting the public interest. The Court of Appeal held the trial court’s award of attorneys’ fees was not an abuse of discretion.