Richmond Elks Hall Association, a California Corporation v. Richmond Redevelopment Agency

The Richmond Redevelopment Agency (Agency) appeals an award to the Richmond Elks Hall Association (Elks) of litigation expenses arising from an inverse condemnation action which Elks successfully prosecuted against the Agency in 1974. On appeal, we affirmed the judgment awarding compensation to Elks, and also affirmed against Elks’ cross-appeal a denial of litigation expenses. Richmond Elks Hall Association v. Richmond Redevelopment Agency, 561 F.2d 1327 (9th Cir. 1977) (Elks I). In the present appeal, we reverse on the basis of Elks I the award of litigation expenses.

I. BACKGROUND

In 1966, the City of Richmond, California, undertook an urban renewal project to be funded at least partially by a loan and grant from the United States Urban Renewal Administration (now the Department of Housing and Urban Development, H.U. D.). As a result of the project, Elks brought an inverse condemnation action against the Agency in federal district court, and was awarded $472,908.08 as compensation for the taking of the real property located in the project area. The Agency’s appeal from that decision and Elks’ cross- appeal from the court’s refusal to award litigation expenses were promptly…