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A resolution authorizing the Metropolitan Department of Law to submit an offer of judgment pursuant to Fed. R. Civ. P. 68 to compromise and settle the claims of Lonesome Ten Miles, LLC against the Metropolitan Government in the amount of $345,000, to be paid from the Metro Water Services budget, plus reasonable costs including Lonesome Ten Miles, LLC's incurred attorneys' fees, to be paid from the Judgments and Losses Fund.
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WHEREAS, Lonesome Ten Miles, LLC filed a lawsuit in the United States District Court for the Middle District of Tennessee, which remains pending against the Metropolitan Government, alleging an unlawful exaction of private property arising out of a requirement to upgrade a public water line in 2024; and,
WHEREAS, after investigation, the Metropolitan Department of Law believes that the offer of judgment listed in Section 1 is 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 Lonesome Ten Miles, LLC related to the events detailed above be compromised and settled for $345,000, to be paid from the Metro Water Services budget, plus reasonable costs, to be paid from the Judgments and Losses 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 make offer of judgment pursuant to Fed. R. Civ. P. 68 to compromise and settle the claims of Lonesome Ten Miles, LLC against the Metropolitan Government in the amount of $345,000, to be paid from the Metro Water Services budget, plus reasonable costs including Lonesome Ten Miles, LLC's incurred attorneys' fees, to be paid from the Judgments and Losses 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.
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