HomeMy WebLinkAbout1996-02-12 96-99 ORDERCOUNCIL ACTION
Item No.96-99
Date February 12, 1996
Item/Subject: Authorizing City Solicitor to Execute Settlement
Agreement -- Shaw House Litigation
Responsible Department: Legal
Commentary:
The City of Bangor is a party to a lawsuit pending in Penobscot
Superior Court, in which the Plaintiff, Hay Surpless, has
challenged the City's rezoning of 91 Allen Court from URD -2 to
GaISDBone. The original proponent of the zone change, Shaw House,
no longer wishes to go forward with its intended project for which
the rezoning was sought. Therefore, to dispose of the pending
lawsuit, the .property owners have agreed to apply for rezoning back
to URD -2, if the City will waive its normal application fee. In
return, Plaintiff Hay Surpless will agree to dismiss her complaint
with prejudice, and will pay the City's coat to advertise the
rezoning. The attached Council Order will approve execution of a
Settlement Agreement between the parties incorporating the terms
outlined above.
Ortment Head
Manager's Copmments:—P.
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�yl,,I,cMvm� y�}Hn M;we`_V`� C ty Hamger / .
Associated Infornation,"q
Finance Director
City Ab
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For
R Passage
First Reading
Referral - Page 1 of 2
(TITLE) Md
96-99
Aeuped to CamcOm Woodcock February 12. 1996
CITY OF BANGOR
Authorizing City Solicitor to Execute Settlement
Agreement -- Shaw House Litigation
By He CBy Caynml of W qty ofBaawr.
ORDERED,
THAT the City Solicitor is hereby authorized on behalf
of the City of Bangor to execute a Settlement Agreement in the
pending case entitled My Suroless v city of Banaoi at al,
Penobscot County Superior Court, Docket No. CV -95-306. Said
Agreement shall be in a form approved by the City Solicitor.
IN C R1 CONNCIL 96-99
Pebtunr9 14, 1996. 0 R D E R.
Moved to Nem Btislnes
Passed "Title, Authorizing City Sclicltot YB
Execute Settlement Agreement - Sham
Nouse Litigation
CITY CLERK ......................................