Number
210982
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. 2020CV3141, for the total amount of $127,363.61.
Body
Whereas, Plaintiff filed a lawsuit against the City entitled 833 Buena Vista Tierra Investors LLC v. City of Milwaukee, Milwaukee County Case No. 2020CV3141, for the partial refund of property tax assessments previously paid, on the basis that its 2019-2020 property tax assessments were excessive and violated Article VIII, section I of the Wisconsin Constitution (“Uniformity Clause”); and
Whereas, Plaintiff has agreed to settle the claims raised in the above-referenced lawsuits for the total amount of $127,363.61; and
Whereas, the City Attorney recommends that the City of Milwaukee settle these lawsuits 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 2021 Remission of Taxes Special Purpose Account No. 0001-9990-S163-006300, in the sum of $127,363.61 and made payable to Michael Best & Friedrich LLP Client Trust Account, which is located at 790 N. Water Street, Suite 2500, Milwaukee, WI 53202, 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 release of claims relative to their assessments as well as a stipulation and proposed order to dismiss the claims raised in the pending court actions.
Requestor
City Attorney
Drafter
Allison N. Flanagan
October 11, 2021
1056-2018-1768:272046