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File #: 201368    Version: 0
Type: Resolution Status: Passed
File created: 3/2/2021 In control: COMMON COUNCIL
On agenda: Final action: 3/23/2021
Effective date:    
Title: Resolution authorizing settlement of claims in the lawsuit entitled Milwaukee River Hotel, LLC v. City of Milwaukee
Sponsors: THE CHAIR
Indexes: CLAIMS PAYMENT, HOTELS AND MOTELS
Attachments: 1. Resolution authorizing settlement of claims in the lawsuit entitled Milwaukee River Hotel LLC v City of Milwaukee, 2. Fiscal Impact Statement, 3. Cover Letter

Number

201368

 

Version

ORIGINAL

 

Reference

 

Sponsor

THE CHAIR

 

Title

Resolution authorizing settlement of claims in the lawsuit entitled Milwaukee River Hotel, LLC v. City of Milwaukee

 

Analysis

This resolution authorizes settlement of claims raised by Plaintiffs, Milwaukee River Hotel, LLC, in the lawsuit entitled Milwaukee River Hotel, LLC, Milwaukee County Case No. 2018CV4953, for the total amount of $13,281.49.

 

Body

Whereas, Plaintiffs filed two lawsuits against the City entitled Milwaukee River Hotel, LLC v. City of Milwaukee, Milwaukee County Case No. 2018CV4953, for the partial refund of property

tax assessments previously paid, on the basis that their 2017-2018 property tax assessments were

excessive and violated Article VIII, section I of the Wisconsin Constitution (“Uniformity Clause”);

and

 

Whereas, Plaintiffs have agreed to settle the claims raised in the above-referenced lawsuits and

regarding their assessments for the total amount of $13,281.49; 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 Plaintiffs 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 $13,281.49, 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 Plaintiffs 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

Hannah R. Jahn

February 26, 2021

 

 

1056-2018-1765