RESOLUTION NO. RS2004-601
A resolution approving the settlement of the lawsuit brought by Wilson Concord, L.P. and Toll Brothers, Inc., Plaintiffs, against the Metropolitan Government, said settlement being the payment of fifty-five thousand dollars ($55,000) to the Metropolitan Government.
Whereas, Wilson Concord, L.P. and Toll Brothers, Inc., Plaintiffs, developed and built the Brentwood Chase planned-unit development (PUD) and filed suit against the Metropolitan Government due to the government’s requirements regarding the construction of the sidewalk along Hill Road; and
Whereas, as a result of this disagreement, the Metropolitan Government constructed the required sidewalks and, in addition, constructed further sidewalks in order to create a pedestrian way along Hill Circle Road (southward to Old Hickory Boulevard) and along Hill Road that would benefit pedestrians to and from Granberry Elementary School; and
Whereas, Wilson Concord, L.P. and Toll Brothers, Inc. have agreed to dismiss and settle its lawsuit by reimbursing the Metropolitan Government fifty-five thousand dollars ($55,000) for the plaintiffs’ share of the expenses in building these sidewalks; and
Whereas, after a thorough investigation of this situation, the Department of Law believes that the settlement set forth below is fair and reasonable, and recommends that the this lawsuit be settled and that these funds be deposited into the appropriate fund and account as determined by the Department of Finance.
Now, therefore, be it resolved by the Council of The Metropolitan Government of Nashville and Davidson County:
Section 1. That the Metropolitan Department of Law is authorized to settle the lawsuit brought by Wilson Concord, L.P. and Toll Brothers, Inc., Plaintiffs, against the Metropolitan Government by means of the payment by the plaintiffs to the Metropolitan Government in the amount of fifty-five thousand dollars ($55,000) and to deposit said funds into the appropriate fund and account as determined by the Department of Finance.
Section 2. That this resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored by: Diane Neighbors
|Referred:||Budget & Finance Committee|
|Introduced:||November 16, 2004|
|Adopted:||November 16, 2004|
|Approved:||November 17, 2004|