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Belvedere agrees to pay $50k to settle lawsuit over construction time penalty

Belvedere is paying $50,000 to settle a federal lawsuit challenging a Eucalyptus Road homeowner’s construction time-limit penalty, ending a legal battle that cost the city another $82,500 in attorney fees to litigate.

 

Laurent and Marguerite Lefouet filed suit in U.S. District Court in April after the City Council upheld a $254,400 penalty for a renovation that ran 257 days past its deadline. The couple paid the fine in February but argued it violated constitutional protections against excessive fines and denial of due process.

 

They reached a no-fault settlement in November that dismisses the lawsuit with prejudice and includes mutual releases, City Manager Robert Zadnik said. Court records show the case was dismissed Dec. 3, and Zadnik said details were being finalized last week.

 

Under the agreement, the penalty amount remains final while the $50,000 represents new settlement consideration rather than a refund or reimbursement.


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