Padgett

The City of Monte Sereno (City) sued defendants Darla and Joseph Padgett for abatement of a public nuisance and violations of the Monte Sereno Municipal Code (MSMC). The parties settled before trial, with an agreement that the action would be “deemed dismissed” upon defendants’ compliance with the City’s demands, and that the City could thereafter seek its attorney fees. The trial court awarded the City its fees based on two provisions of the MSMC. On appeal, defendants challenge the validity of these provisions. Defendants further contend that the City should not have received any award because they were prevented from complying with the City’s demands, the City used the lawsuit to harass them and selectively enforce its ordinances, and the amount of the award was excessive. We agree with defendants that the MSMC provisions on which the City relied were not a proper basis for attorney fees. Accordingly, we must reverse the judgment.

Background

The dispute between the City and defendants arose from Darla Padgett’s plans to improve defendants’ property with new structures and remodeling of an existing structure. In March 1999 she obtained a site development permit (SDP),…