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A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of James Knight and Jason Mayes against the Metropolitan Government of Nashville and Davidson County in the amount of $224,343.91, with $215,460.70 to be paid out of the Judgments and Losses Fund and $8,883.21 to be paid out of the NDOT Sidewalk Fund.
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WHEREAS, James Knight and Jason Mayes filed a lawsuit against the Metropolitan Government alleging an unconstitutional taking under the Fifth Amendment arising out of the application of Metro. Code ? 17.20.120 (the "Sidewalk Ordinance") to their properties; and,
WHEREAS, after litigation in the United States District Court and the United States Court of Appeals for the Sixth Circuit, the dispositive question of law in this lawsuit has been decided against the Metropolitan Government; and,
WHEREAS, the Metropolitan Department of Law believes that the settlement terms listed in Section 1 are fair and reasonable and in the best interest of the Metropolitan Government and recommends that any and all claims or causes of action brought or that could have been brought by James Knight and Jason Mayes related to the Sidewalk Ordinance's application to their properties be settled for $224,343.91, with $215,460.70 to be paid out of the Judgments and Losses Fund and $8,883.21 to be paid out of the NDOT Sidewalk Fund;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1: The Metropolitan Department of Law is authorized to compromise and settle the claims of James Knight and Jason Mayes for the sum of $224,343.91, with $215,460.70 to be paid out of the Judgments and Losses Fund and $8,883.21 to be paid out of the NDOT Sidewalk Fund.
Section 2: This resolution shall take effect from and after its adoption, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
In 2017, the Metropolitan Counci...
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