[DOWNLOAD] "Connerly v. State Personnel Board" by Colorado Supreme Court # eBook PDF Kindle ePub Free

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eBook details

• Title: Connerly v. State Personnel Board
• Author : Colorado Supreme Court
• Release Date : January 02, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 78 KB

Description

This case involves litigation over private attorney general fees awarded pursuant to Code of Civil Procedure section 1021.5 in an action "which has resulted in the enforcement of an important right affecting the public interest . . . ." Here, plaintiff Ward Connerly successfully pursued litigation to invalidate several state statutes as unconstitutional under article I, section 31 of the California Constitution, enacted in 1996 as Proposition 209, which outlawed governmental preferential treatment by race, sex, and other categories. The state agencies that were the respondents in this writ of mandate action for the most part opted not to defend the statutes, or to litigate only issues of standing and justiciability. It fell to various amici curiae advocacy groups that were in favor of affirmative action to defend the state programs and statutes on the merits. At some point in the litigation, as will be elaborated below, the amici curiae were redesignated real parties in interest. After the litigation concluded, the trial court awarded section 1021.5 attorney fees, to be paid both by the state agencies and the advocacy groups as real parties. The award was upheld by the Court of Appeal.

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