On an earlier appeal, the court held that the indemnity provision that the plaintiff required the defendant to sign in order to apply for approval of its development project was not supported by consideration and that plaintiff had no statutory authority to impose an indemnity agreement as a condition of plaintiff’s statutory duty to consider defendant’s application. On this appeal, the court holds that since the earlier appeal held that the contract was void as beyond the plaintiff’s authority, it could not serve as a basis for an attorney fee award to the defendant under Civil Code 1717.