Appellate court rules Santa Rosa must pay $240,000 in legal fees

An appellate court has ruled that Santa Rosa must pay more than $240,000 in legal fees to the attorneys who successfully challenged the constitutionality of a city law imposing a special tax on new developments.

The state Court of Appeal in San Francisco last week rejected the city's appeal of the fees awarded to the Pacific Legal Foundation by Sonoma County Superior Court Judge Mark Tansil in 2011.

The Sacramento-based public interest law firm represented the Home Builders Association of Northern California Inc. The group claimed the special tax unfairly forced property owners to give up their voting rights in exchange for the right to develop their properties.

The idea for the tax arose as a way to assure new developments paid their fair share of the cost of city services, particularly police and fire protection. The annual tax was to be $430 for new homes and $310 for units in multifamily buildings.

But Tansil agreed with the law's critics, finding that it "unfairly tampers with the elective process." He concluded that the attorneys were entitled to recoup their expenses because their lawsuit had "vindicated important constitutional rights that affect the public interest."

The California private Attorney General statute allows attorneys to recoup their expenses if the lawsuits they bring result in a "significant benefit" to the "general public or a large class of persons." The statute is meant to encourage the types of cases that might otherwise be cost-prohibitive.

The city argued the case did not benefit the general public, but just those with developable land in the city. It also claimed the attorneys fees were excessive and failed to consider the "extreme dire financial condition" of the city and the fact that "the ultimate costs of the fee award will be paid by . . . taxpayers."

The court rejected nearly all the city's arguments. It did, however, reduce the award by $1,800, the amount a foundation attorney claimed for hand-delivering a complaint to the court in Santa Rosa.

City Attorney Caroline Fowler said city officials were "obviously disappointed with the outcome" and would "review the decision in detail and evaluate options going forward."

Meriem Hubbard, principal attorney with the foundation, said she was pleased but not surprised by the decision. The trial judge had issued an "unusually forceful" ruling that praised the foundation's work and its right to collect the fees.

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