Card v. Community Redevelopment Agency

In Card v. Community Redevelopment Agency (1976) 61 Cal. App. 3d 570, attorney fees were awarded to plaintiffs, "to be paid by specified taxing agencies proportionately from their respective shares of tax increment funds for the fiscal year 1974-1975 attributable to the aforementioned Monterey Hills Redevelopment Project No. 1." ( Card v. Community Redevelopment Agency, supra, 61 Cal. App. 3d 570, 582, 131 Cal. Rptr. 153.) The appellate court affirmed this determination, noting that "this result substantially benefits the affected taxing agencies, named in the judgment (and through them their taxpayers), since it reduces both the occasion for the Agency's expenditure of such funds and the Agency's source of such funds as well." ( Id. at p. 583.) In Card, "the plaintiff taxpayers had secured a judgment declaring invalid a city ordinance purporting to amend an existing redevelopment plan by including areas not covered by the original plan. As a result, certain property tax increment revenues otherwise payable to the redevelopment agency under the amending ordinance became available to various city and county taxing agencies. The Court of Appeal approved a portion of the judgment awarding attorneys fees to be paid by the various taxing agencies in proportion to their respective shares in the tax increment funds, holding that 'this result substantially benefits the affected taxing agencies, named in the judgment (and through them their taxpayers), since it reduces both the occasion for the redevelopment agency's expenditure of such funds and the agency's source of such funds as well.' "