Facts

The Veterans' Memorial Building had been functioning as a dedicated public facility since 1932. In Jan. 2010, Santa Cruz County shut down the facility, citing concerns with seismic safety. The Memorial Building had been used for special events serving veteran's groups activities. The County then opened up another facility in Sept. 2010 as a replacement location for activities that took place at the Memorial Building. The United Veteran's Council then sued the County, alleging that the substitute facility was inadequate.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that the substitute facility posed difficulties for elderly veterans because traveling to the location was problematic and the other location had insufficient features.

DEFENDANT'S CONTENTIONS:
Defendant contended that the substitute location contained the same amount of space as the Memorial Building and constituted a sensible option.

Result

The jury agreed the alternative facility was inadequate, and found in favor of the plaintiff. Veterans were awarded attorney fees under a private Attorney General theory pursuant to CCP 1021.5. Plaintiff is pursuing a contempt order with monetary sanctions.