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June 28th, 2007
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Agoura Village opponent seeks reimbursement for expenses
Mary Altmann bought designer suit and shoes for her date in court
By Stephanie Bertholdo bertholdo@theacorn.com

Mary Altmann, a Malibu Lakeside resident, spent much time and money fighting city hall- and now she wants her money back.

Last year, Altmann filed a lawsuit against the city of Agoura Hills alleging CEQA (California Environmental Quality Act) and municipal code violations in connection with the city's Agoura Village Specific Plan. Judge James Chalfant ruled in her favor on one count- the city must conduct additional environmental studies for the 135-acre Agoura Village plan.

Altmann wants the city to reimburse her expenses, which total $107,637. Among other things, motion seeks payment for the cost of an expensive designer suit and shoes and the value of the intellectual rights of her work on the case.

"I needed a suit to appear in court," Altmann said. "I would not have ordinarily purchased (it) if I weren't going to court."

She's also seeking reimbursement for food, filing fees and other expenses.

Agoura Village is a planned pedestrian-friendly town center with a mix of retail, residential and commercial businesses. Altmann is a leading opponent of the development.

Altmann bought a DKNY suit and DKNY shoes for $976, according to a cost summary. "The law says I'm entitled to the reasonable reimbursement of my costs, and a multiplier on top of that," she said.

Altmann said that when a "significant public good" is the result of a lawsuit, the plaintiff may be able to "multiply the costs" for reimbursement.

Altmann filed two motions, one for the reimbursement of $26,509, which includes the cost of research at a law library, legal consultations, phone charges, filing costs and other fees related to the case. The second motion for $81,000 is for what Altmann calls the "reasonable intellectual properties" of her work.

"It's a reasonable assessment of what the action is worth," Altmann said.

Altmann also charged the city nearly $5,000 for a court filing fee. City officials indicated they will pay only a small percentage of the total costs.

"I have never in the 15 years of doing this have heard of having a pro per plaintiff asking for this," said Agoura Hills City Attorney Craig Steele. (Pro per is a legal term that means a person who represents themselves in court.)

"It's normal following the conclusion of a lawsuit for the parties to seek the costs for what they are legally entitled," said Peter Pierce, an attorney with Los Angeles law firm of Richards, Watson and Gershon. "The city disputes almost all of the costs that she seeks," he said.

According to Steele, the city paid the law firm about $70,000 to fight Altmann's suit.

The city council approved $40,000 for additional environmental studies.

"All that happens now is the trial judge will award her (some) costs," Pierce said. "She will get very little of the costs that's she's seeking in my opinion- only a very small percentage of them."

A hearing on Altmann's (law) suit is scheduled on Aug. 9, with Judge Chalfant again presiding.