Water Connection Charge Was Reduced, But Winning Litigant Denied CCP § 1021.5 Fees.
A home builders group and developer were denied a requested award of $150,000 in section 1021.5 fees even though a Water District substantially reduced a water connection/capacity fee for residential units to be constructed when the economy improves as a result of plaintiffs‘ action.
The unsuccessful fee-seeking plaintiffs appealed in Home Builders Assn. of No. Cal. v. Sunnyslope County Water District, Case No. H035899 (6th Dist. Oct. 3, 2011) (unpublished).
They did not prevail on appeal because the record showed that developer potentially saved $7 million in future costs for the charges imposed upon new construction. This was tangible enough of a benefit to keep appellants from satisfying the financial burden element of section 1021.5.