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A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of the Nashville Rescue Mission, Erin Tolbert, Province Builders, Progressive Development, DY Construction, KP2 LLC, and New Day Homes LLC against the Metropolitan Government of Nashville and Davidson County in the amount of $213,966.13, 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, the Nashville Rescue Mission, Erin Tolbert, Province Builders, Progressive Development, DY Construction, KP2 LLC, and New Day Homes LLC submitted claims 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 Nashville Rescue Mission, Erin Tolbert, Province Builders, Progressive Development, DY Construction, KP2 LLC, and New Day Homes LLC related to the Sidewalk Ordinance's application to their properties that are the subject of these claims be settled for $213,966.13, 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 the Nashville Rescue Mission ($80,134.06), Erin Tolbert ($26,077.00), Province Builders ($52,639.35), Progressive Development ($9,870.90), DY Construction ($12,381.73), KP2 LLC ($11,880.33), and New Day Homes LLC ($20,982.76...
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