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A resolution authorizing the Metropolitan Department of Law to compromise and settle the Section 1983 class action claims brought by Peyton Pratt on behalf of herself and all other similarly situated property owners against the Metropolitan Government in the amount of $1,450,250.09. The amount of $1,445,250.09 to refund all payments made under Metro Code ? 15.64.035 shall be paid from Fund 47335 or Fund 47346. The amount of $5,000 for attorney's fees shall be paid from the Judgment and Losses Fund.
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WHEREAS, Metro Code of Laws ? 15.64.035 (the "SWC Ordinance") authorized the Metro Water Department to collect a stormwater capacity fee for any project that required a development permit and resulted in 800 square feet or more of impervious surface, as defined in the Code; and,
WHEREAS, the SWC Ordinance was tailored to only apply to those areas served by closed pipes which should establish the required nexus and relationship between the fee charged and the need for frequent capacity upgrades in those areas; and,
WHEREAS, Peyton Pratt, on behalf of herself and other similarly situated property owners filed a lawsuit against the Metropolitan Government alleging that Metro Code ? 15.64.035 violated the Fifth Amendment's Takings Clause; and,
WHEREAS, although the Metropolitan Government contends that the SWC Ordinance is legally defensible, revenues generated pursuant to it from January 1, 2024, through January 2, 2025, were significantly less than projected and the Metro Water Department anticipates seeking approval from the Metropolitan Council to repeal the SWC Ordinance; and,
WHEREAS, the amount of the settlement proposed in Section 1 is equal to the amount collected under the SWC Ordinance, plus $5,000 in attorney fees, and would be refunded to those who paid pursuant to the SWC Ordinance; and,
WHEREAS, after investigation, the Metropolitan Department of Law believes that the settlement listed in Section 1 is fair and reasonable and in the best intere...
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