JCM Farming, Inc. v. Fantasy Balloon Flights, No. G048938, 2014 Cal. App. Unpub. LEXIS 537 (Cal. Ct. App. Jan. 24, 2014)

(plaintiff filed an action against the defendants, alleging that their operation of hot air balloons interfered with the plaintiff’s farming operating, created a nuisance, and diminished the value of plaintiff’s property; plaintiff sought injunctive and declaratory relief; two years later, after many discovery and motion proceedings, the plaintiff voluntarily dismissed the action, without prejudice; defendants filed a motion to recover $337,301.30 in attorney fees, arguing that their efforts to obtain the dismissal resulted in the enforcement of an important public right, the right to exercise sovereignty of the airspace; the trial court denied the motion, and the appellate court affirmed; the court agreed that the action did not vindicate an important public right of using airspace as contemplated by Cal. Code Civ. P. 1021.5, so as to allow the defendants to recover attorney fees).