St. Paul Community Limited Partnership, Et Al. v. St. Paul Community Church

This appeal concerns the trial court’s denial of attorney’s fees upon remand from this court.  The defendant church requested attorney’s fees, to which the plaintiff lessee asserted that such fees were not warranted given the nature of the action.  The trial court denied the request for fees, holding that an award of attorney’s fees was conditioned upon the need to hire counsel for the enforcement of the lease agreement and that the action at issue was one for declaratory judgment.  We reverse and hold that attorney’s fees are warranted pursuant to the terms of the lease agreement.  We remand for proceedings consistent with this opinion.