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o n M a r c h 1 2 , 1 9 9 7 . 1 T w o w e e k s l a t e r , a p p e l l a n t f i l e d a P r o t e s t a n d A p p e a l o f t h e issuance of both permits with respondent Board of Permit Appeals (Board).

The Board held a hearing on appellant’s protest on May 21 and rejected it. It also rejected his motion for a rehearing on June 11. Appellant then filed a petition for a writ of administrative mandamus in the court below and also asked for a stay order. The petition was accompanied by appellant’s declaration and application for a stay, 10 supporting declarations by his neighbors in the 2600 block of Sutter Street, and numerous exhibits.

The trial court denied appellant’s application for a stay on June 23, at which point he petitioned this court for the issuance of a writ of supersedeas and an immediate stay order. In writ proceeding No. A078928, we first issued a temporary stay to prevent demolition of the 2617 Sutter building on June 24 and then, following further briefing on the matter, and with one dissent, issued a further temporary stay order regarding the demolition on July 15.

The matter was then returned to the trial court where appellant first disqualified the Honorable William J. Cahill, who had earlier denied his application for a stay in that court. After some preliminary skirmishing, a hearing on appellant’s petition was held before the Honorable Raymond Williamson on July 31. By a Statement of Decision and Order issued September 29, the court denied that part of the petition relating to the demolition permit but granted the part pertaining to the building permit; it ruled that the Board had not adequately considered its own “Guidelines” in approving the latter. Judgment to the same effect followed on October 15.

On November 6, appellant filed a motion under section 1021.5 seeking an award of attorneys’ fees. Various individuals filed declarations in support of the motion which, naturally, the City Attorney and the attorneys for the developer opposed. Following a


Unless otherwise noted, all subsequent dates are also in 1997.


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