10.11. ATTORNEYS' FEES.

• Jurisdiction: Arizona

10.11. Attorneys' fees.

Attorneys' fees are authorized by statute to the prevailing party (other than the state or any political subdivision) in a mandamus-type action. A.R.S. § 12-2030. They are also authorized for a prevailing party in a civil rights case. 42 U.S.C. § 1988.

Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524 (9th Cir. 1993), cert. denied, 511 U.S. 1030 (1994) (court awarded attorneys' fees to adult business operators who obtained a preliminary injunction against enforcement of a zoning ordinance; while the award of attorneys' fees pursuant to 42 U.S.C. § 1988 is discretionary, a court is expected to award such fees to the prevailing party unless there is some special circumstance which would justify the court's refusal)

But see Herrington v. County of Sonoma, 12 F.3d 901 (9th Cir. 1993) (Fed. R. Civ. P. 68 may be applied to limit prevailing plaintiff's recovery of fees in 42 U.S.C. § 1983 action if plaintiff rejects offer of judgment that exceeds damages award)

Howard v. City of Burlingame, 937 F.2d 1376 (9th Cir. 1991) (plaintiff who successfully challenged denial of special permit for amateur radio antenna as being in conflict with FCC limited preemption order was not entitled to attorneys'...