Beach Colony II v. California Coastal Com

In Beach Colony II v. California Coastal Com. (1985) 166 Cal.App.3d 106, a real estate partnership that desired to build condominiums successfully challenged a development condition imposed by the California Coastal Commission. (Id. at p. 109.) The trial court awarded the partnership a portion of its attorney fees pursuant to section 1021.5, and the Court of Appeal reversed. (Id. at pp. 110, 115.) The Court of Appeal explained that the partnership failed "to compare its litigation costs to the immediate economic benefit it personally received from judicially establishing its right to restore its property, or to the commercial economic gain it anticipates from the renewed ability to build its housing development." (Id. at p. 113.) The partnership "ignored the fact that the benefits it obtained are immediately and directly translated into monetary terms. The public benefits are not likely to result in any economic benefit to more than a few persons, even in the future." (Ibid.)