Land Partners, LLC v. County of Orange
Annotate this CaseLand Partners, LLC, and Los Alisos Ranch Company (collectively, Land Partners) appealed a postjudgment order denying their motion for attorney fees brought pursuant to Revenue and Taxation Code section 5152. Although the court had found the County of Orange Assessor (Assessor) used a constitutionally invalid methodology in valuing Land Partners’ property for property tax purposes, the court determined there was no evidence the Assessor’s actions were due to his subjective belief that a certain constitutional provision, statute, rule or regulation was invalid or unconstitutional. Because the court concluded proof of the latter was a statutory prerequisite to recovery of fees under the statute, it held Land Partners was not entitled to attorney fees. Land Partners argued on appeal the court erred in interpreting section 5152. It argued proof of the Assessor’s subjective mindset was not required; instead showing a violation of well-established and unambiguous law was sufficient for recovery of attorney fees. The Court of Appeal disagreed with Land Partners’ premise and affirmed the order.
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