A dispute between two neighbors over the high grass and vines on a vacant lot became a seven-year court battle that now could cost a Cleveland suburb at least $250,000 in attorneys' fees.

        The 6th U.S. Circuit Court of Appeals on Friday ordered a lower court to determine how much Mayfield Heights should pay resident Sanford J. Berger, who won his lawsuit against a city order to cut the grass and weeds.

        Mr. Berger's lawyer, Bruce Elfvin, said the fees will total at least $250,000 and could go as high as $270,000. L. Bryan Carr, a lawyer for Mayfield Heights, said he will argue when the case goes back before U.S. District Judge David Katz that the city owes Mr. Berger nothing.

        But appeals Judges Martha Craig Daughtrey, Alan Norris and Lawrence Zatkoff said Mr. Berger is entitled to the money because he won the suit.

        The vacant, wooded lot is next door to Mr. Berger's house. For the past 20 years he has kept the lot in a natural state with trees, fallen trees, vines, grass and weeds.

        Lendell Riddle, a neighbor since 1991, complained to the city that Mr. Berger should cut the grass, weeds and vines. In 1992, the City Council amended a 35-year-old ordinance to require that nox ious or poisonous weeds or vines be cut to a height of 8 inches or less on any lot having a street frontage of 100 feet or less.

        Mr. Berger said the amendment was intended to single him out, and he refused to comply. After the city cited him for a criminal violation, Mr. Berger sued in 1994, alleging that the amendment violated his constitutional rights of due process and equal protection of law.

        The city's lawyers said the ordinance would have applied to a half dozen vacant lots and was meant to safeguard public health and welfare.

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