Number
231775
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
Resolution authorizing settlement of claims in the lawsuit entitled 833 Buena Vista Tierra Investors, LLC v. City of Milwaukee
Analysis
This resolution authorizes settlement of claims raised by Plaintiff, 833 Buena Vista Tierra Investors, LLC, in the lawsuit entitled 833 Buena Vista Tierra Investors, LLC v. City of Milwaukee, Milwaukee County Case No. 2022CV002288, for the total amount of $57,233.67.
Body
Whereas, Plaintiff filed a lawsuit against the City entitled 833 Buena Vista Tierra Investors, LLC v. City of Milwaukee, Milwaukee County Case No. 2022CV002288, for the partial refund of property tax previously paid, on the basis that its 2021-2022 property tax assessments for the property located at 833 East Michigan Street, Milwaukee, WI, with a tax key of 3960491000 (“the Property”), were excessive and violated Article VIII, section I of the Wisconsin Constitution (“Uniformity Clause”); and
Whereas, Plaintiff has similar objections to the 2023 assessment of the Property and further litigation is imminent; and
Whereas, Plaintiff has agreed to settle the claims raised in the above-referenced lawsuit and pending objection for the total amount of $57,233.67; and
Whereas, as part of the parties’ proposed settlement of pending claims and litigation the Plaintiff and the City Assessor have agreed to an assessed value to be placed on the Property for 2024; and
Whereas, the City Attorney recommends that the City of Milwaukee settle this lawsuit and resolve these claims now; now, therefore, be it
Resolved, by the Common Council of the City of Milwaukee, the City Attorney is authorized to enter into a settlement agreement between the City of Milwaukee and the Plaintiff referred to herein and to execute and approve all documents and take all action necessary to carry out the terms and conditions of said agreement; and be it
Further Resolved, that in compliance with the City Attorney’s direction, the proper City officers be and hereby are authorized and directed to issue a City check, as soon as practicable in full and final settlement of the claims referenced above, to be charged to the 2024 Remission of Taxes Special Purpose Account No. 0001-9990-S163-006300, in the sum of $57,233.67 and paid to the City Treasurer to be applied as a credit on the current year property taxes levied on the Plaintiff’s Property, tax key 3960491000, in final settlement of these claims and lawsuits; and be it
Further Resolved, that for and in consideration of the above-referenced payment, the Plaintiff will provide to the City a settlement agreement releasing claims relative to its assessments as well as a stipulation and proposed order to dismiss the claims raised in the pending court action.
Requestor
City Attorney
Drafter
Hannah R. Jahn
March 4, 2024