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A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of April Khoury, Old South Construction LLC, Aspen Construction LLC, and MRB Developers LLC against the Metropolitan Government of Nashville and Davidson County in the amount of $150,674.47, with $76,695.67 to be paid from the Judgments and Losses fund, and $73,978.80 to be paid from the NDOT Sidewalk Fund.
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WHEREAS, April Khoury, Old South Construction LLC, Aspen Construction LLC, and MRB Developers LLC 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;
WHEREAS, after litigation in a related case, Knight et al. v. Metro Nashville, 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;
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 April Khoury, Old South Construction LLC, Aspen Construction LLC, and MRB Developers LLC related to the Sidewalk Ordinance's application to their properties be settled for $150,674.47, with $76,695.67 to be paid from the Judgments and Losses fund, and $73,978.80 to be paid from 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 April Khoury, Old South Construction LLC, Aspen Construction LLC, and MRB Developers LLC for the sum of $150,674.47, with $76,695.67 to be paid from the Judgments and Losses fund, and $7...
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