Number
100754
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
Resolution authorizing settlement of the claim for damages, attorney’s fees and costs in Ruth and Ronald Stanis v. City of Milwaukee.
Analysis
This resolution authorizes payment of the claim for damages, attorney’s fees and costs in Ruth and Ronald Stanis v. City of Milwaukee, Case No. 10C0372, in the amount of $12,759.25.
Body
Whereas, This case arose out of the placement of a religious sign on residential property by the residents and whereafter the owner, Ruth Stanis, was cited in violation of Milwaukee Code of Ordinances § 295-505-5-b. This ordinance prohibits all signage on single-family, 2-family, and 3-family dwellings “except permitted temporary signs”; and
Whereas, Plaintiffs, Ruth and Ronald Stanis, filed a civil rights lawsuit in federal court against the City of Milwaukee alleging that Milwaukee Code of Ordinances § 295-505-5-b is unconstitutional because it violates the First Amendment. Plaintiffs seek injunctive and declaratory relief as well as damages, attorney’s fees and costs; and
Whereas, The City Attorney has concluded that further litigation of this matter is not in the best interests of the City; and
Whereas, Plaintiffs and Plaintiffs’ counsel have agreed to settle their claims for damages, fees and costs in the amount of $12,759.25; and
Whereas, The City Attorney recommends and the Common Council of the City of Milwaukee deems it expeditious and just to settle this claim; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the proper city officers be and hereby are authorized and directed to issue a check in the amount of $12,500.00 payable to Liberty Counsel and another check in the amount of $259.25 payable to Ruth and Ronald Stanis in full and final settlement of said claims, said checks to be delivered to the City Attorney upon his request, said amounts to be charged to the Damages and Claims Fund, Account No. 636506, Fu...
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