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Community group Move Eden Housing is on the hook for over $775,000 in attorneys’ fees associated with years of litigating the Downtown Livermore Apartments project, an Alameda County Superior Court judge ruled last month.
Through the litigation, Move Eden Housing intended to prompt the relocation of the 130-unit affordable housing project away from the southeast corner of Railroad Avenue and L Street. The group did not achieve its initial goal, instead finding legal success against the city of Livermore in separating an associated park from the project in earlier proceedings.
Move Eden Housing’s previous win upheld voters’ right to referendum, but it had no luck this summer in forcing the city and others to foot its litigation bill.
Establishing the payee, Judge Michael Markman denied July 31 a motion for attorneys’ fees by co-petitioners Move Eden Housing, Thomas Ramos and Richard Ryon against the city of Livermore, former city clerk Marie Weber along with developer and real party in interest Eden Housing Inc.
“The problem with the fee request is that Petitioners have not met their burden to establish that this litigation conferred a ‘significant benefit’ to the public,” Markman said in the order. “Petitioners won the proverbial battle but lost the war – they never put the site of the development to a vote and the City Council chose to eliminate a park from the project in the process.”
Move Eden Housing attorneys did not respond to requests for comment on the ruling.
Leading up to Move Eden Housing’s legal challenge, the group submitted a referendum petition in July 2022 against the Livermore City Council’s approval of the Downtown Livermore Apartments to Weber.
Given advice by the city attorney, Weber did not act on the petition. The city council’s prior approval of the project was deemed administrative, as opposed to legislative, and not subject to referendum.
Move Eden Housing filed a successful lawsuit against the city of Livermore and Weber, wherein the state appellate court determined the city was required to process the petition because the city’s council’s approval of the park was a legislative act. The city had violated the Elections Code, the court ruled.
“Petitioners enforced an important right affecting the public interest by protecting the power of the referendum,” Markman said in the order.
The city later won a round of litigation against Move Eden Housing, which challenged a city council decision that ultimately forwarded the housing aspect of the project without the proposed park.
“At most, the litigation delayed the core of the project (without the park) for a time,” Markman said.
As for Move Eden Housing’s bid for attorneys’ fees, the group sought $779,623 ($599,710 enhanced by a multiplier of 1.3) in fees for the period between June 2022 and March 2024. This period is bookended by the city’s refusal to process the referendum petition and the appellate court’s ruling against the city, ordering it to process the referendum and vacating an order granting Eden Housing’s bond motion, according to the order.
Move Eden Housing also requested additional fees associated with preparing its motion for attorneys’ fees, according to the petitioner’s May 12 notice of motion and motion for attorneys’ fees.
Eden Housing President and CEO Linda Mandolini said the organization is pleased with Markman’s decision.
“This is another important step forward for affordable housing in Livermore,” Mandolini said. “While these meritless legal challenges have slowed the project for years, Eden and the City’s focus has always remained on creating much-needed affordable housing.”
The city of Livermore did not provide comment on Markman’s decision.
Construction of the housing project began in May.
