City of Santa Clara v. Sandman
Defendant (Sandman) is a cement contractor which makes multiple cement deliveries within the City of Santa Clara (City) on a weekly basis. The City filed an action for an injunction to prohibit any discharge of cement waste by Sandman during concrete deliveries within the city limits. On April 11, 2003, the parties entered into a settlement which resulted in a stipulated judgment for permanent injunction. On March 24, 2004, the City obtained an order to show cause re: contempt. On March 25, 2005, the trial court entered a judgment holding that Sandman had violated the terms of the injunction. This appeal ensued.
The parties have now entered into a settlement which resolves the issues raised in the appeal. One of the conditions of settlement is that the parties jointly seek a reversal of the trial courts judgment.
The judgment is reversed pursuant to the stipulation of the parties. Each party to bear its own attorney fees and costs on appeal. The remittitur issued forthwith
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