SM the Westside leader in building new housing
By Daily Press staff
SM COURTHOUSE — A Superior Court judge has ruled against Santa Monica developers in a battle over nearly $220,000 in lawyer bills.
Santa Monica Superior Court Judge Linda Lefkowitz decided last month City Hall should not have to pay the Santa Monica Housing Council, which had accused city officials of illegally rejecting and downscaling some development projects.
The Santa Monica Housing Council and the California Housing Council filed suit against City Hall in November 2002, saying it was failing to observe a state law that requires government bodies to provide detailed reasons as to why development projects are reduced or denied when they otherwise conform to code.
At issue was the developers’ claim that many projects were tossed out by the City Council or Planning Commission without good cause.
City Hall had begun to follow the state law, which required it to detail a rejected or downscaled project’s adverse effects to neighbors or its health and safety dangers. Still, it did so begrudgingly. Assistant City Attorney Joe Lawrence said City Hall included a disclaimer with its findings in each case stating it shouldn’t have to enforce the law because it is a charter city and therefore not subject to the state law.
When the case later was settled and the city began following the state law without a disclaimer, City Hall was sued for attorney fees.
In denying the housing council and attorney Chris Harding’s request for fees, Judge Lefkowitz found the lawsuit had resulted in no benefit either to the public or to the property developers who warranted recovery of attorney fees.
Judge Lefkowitz also found the evidence presented showed the city “consistently applied the statute” in compliance with the law.
Harding didn’t return calls seeking comment Wednesday.
In a press release issued after the ruling, city officials said Santa Monica is the Westside leader in housing production. For the period from 1998 to 2005, the city permitted 2,547 housing units, according to city officials.
Santa Monica also has issued more building permits for multi-family housing than any other Westside city, officials said.
“It is unfortunate that private lawyers’ requests for attorney’s fees continue to drive lawsuits in this city,” Deputy City Attorney Cara Silver said in a prepared statement. “By opposing SMHC’s fee demand, the City Council has sent a strong message that it will not waste taxpayers’ dollars by paying unwarranted fee demands to lawyers.”
Originally published in the Santa Monica Daily Press print edition on March 17, 2005. Read the original PDF.