County of Colusa v. California Wildlife Conservation Bd

In County of Colusa v. California Wildlife Conservation Bd. (2006) 145 Cal.App.4th 637, the court held that an award of attorney fees under section 1021.5 was appropriate where settlement resulted in the modification of a conservation easement to permit grazing on certain property. The court held that the action vindicated an important public right because the action promoted the goals of the Williamson Act (Gov. Code, 51200 et seq.) "which recognizes the importance of agriculture to the economy of the State of California and seeks to maintain agricultural use on the agricultural land." (Colusa, supra, at p. 652.) The court explained, "in these circumstances, the County's action against the State Agencies significantly promoted the Williamson Act's legislative goals of allowing local governmental input and control over the preservation of agricultural land and open spaces (see, e.g., Gov. Code, 51230, 51231) by seeking to compel the State Agencies to comply with the procedural requirements of the Williamson Act. As a consequence of the County's action and the preliminary injunction and stay, the State Agencies were forced to consult with the County regarding its Williamson Act concerns, resulting in an amendment to the easement to allow continued agricultural use of the property through livestock grazing. The amendment fostered the public interest in maintaining agricultural production on lands covered by Williamson Act Contracts, an interest which the Legislature has itself declared to be an important one." (Id. at p. 654.)