Belvedere settles construction fine for $100k after four-year legal fight

Two dwarf olive trees flank the driveway at 339 Golden Gate Ave. in Belvedere. The trees — planted in 72-inch boxes instead of the approved 36-inch boxes — became the central dispute in a four-year legal battle over a $300,000 construction time-limit penalty that settled for $100,000. (Tyler Callister / The Ark)

The city of Belvedere and Golden Gate Avenue resident David Flaherty have settled his $300,000 construction time-limit penalty for $100,000, ending a four-year legal fight over a home renovation that became a test case for the city’s penalty system.

The settlement was announced following a closed session at the April 13 City Council meeting. Under the agreement, the $100,000 will go to parks and open spaces at Flaherty’s request — a distinction his attorney said was important because Flaherty maintains he did nothing wrong.

The City Council voted 4-0 in December to reject Flaherty’s appeal and uphold the full $300,000 fine. The case then returned to Marin County Superior Court Judge Andrew E. Sweet, who had retained jurisdiction after his May 27, 2025, ruling ordered the council to redo its original penalty decision with adequate factual findings. Flaherty’s attorney, John D. O’Connor, and City Attorney Andrew Shen reached the deal before Sweet could rule on the new decision.

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