Hull

James P. Ballantine and Philip A. Seymour for Real Parties in Interest and Appellants.

No appearance for Respondent.

Diana P. Hull and Howard B. Walsh, in pro. per., for Plaintiffs and Respondents.

OPINION

STONE (S.J.), P.J.

Here we hold that the trial court abused its discretion in denying attorney fees to real parties in interest for defense of a writ of mandate brought pursuant to Elections Code section 5025. We reverse the trial court's order.

Jeffrey Young and Joanne Miller appeal from denial of their motion for attorney fees under Code of Civil Procedure section 1021.5. [1] In the spring of 1991 a fierce electoral battle took place in the City of Santa Barbara (City) concerning the future of the City's water supply. Appellants signed two ballot arguments which appeared in the official voters' pamphlet for the June 4, 1991 special election. Their argument supported Measure "S-91," which advocated development of a water desalination plant by the City as an alternative to importation of water from northern California through the state water project. Appellants' argument against Measure "T-91" opposed a bond measure to fund City participation in the state water…