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A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Puush LLC against the Metropolitan Government of Nashville and Davidson County in the amount of $9,711.69, to be paid out of the NDOT Sidewalk Fund.
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WHEREAS, on May 10, 2023, the United States Court of Appeals for the Sixth Circuit found that ? 17.20.120 of the Metropolitan Code ("the Sidewalk Ordinance") was unconstitutional; and,
WHEREAS, immediately thereafter, the Metropolitan Government established a claims process by which property owners who incurred costs under the Sidewalk Ordinance could submit claims for reimbursement; and,
WHEREAS, Puush LLC submitted a claim through this process; 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 Puush LLC related to the Sidewalk Ordinance's application to their properties that are the subject of these claims be settled for $9,711.69, 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 claim of Puush LLC ($9,711.69) 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 May 2023, the United States Court of Appeals for the Sixth Circuit ruled that Metro's sidewalk ordinance, Section 17.20.120 of the Metropolitan Code of Laws, was an unconstitutional exaction in violation of the Fifth Amendment's Takings Clause. Soon after this ruling, Metro established a claims process by which property owners and others who had in...
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