HomeMy WebLinkAboutItem 4I, Walker Assessment Appeal
Request for Council Action
Prepared By: John Miller
.
Council Meeting Date: May 12, 2008
Settlement Agreement in the Walker Assessment Appeal
Budgeted Amount:
N/A
Actual Amount:
NIA
Funding Source:
N/A
Recommendation:
Motion to Approve the Settlement Agreement in the Walker Assessment Appeal
Supporting Documents:
1. Settlement agreement dated May 4, 2008
SEITLEMENT AGREEMENT AND
RELEASE
'This ettlement Agreement and Release (the .Settlement Agreement") is made
and entered' to to be effective the "t"- day of f'\.I1...r. 2. CO'lS", 2008, by and among
Nicholas and Leann Walker (collectively the "Plaintiffs" , and the City of Arden Hills, a
municipal co oration (the "Defendant").
RECITALS
a. A disp (the "Dispute") has arisen between the Plaintiffs and the Defendant with
resp to certain matters arising out of a special assessment levied by the
Defe dant against the property owned by the Plaintiffs located at 1518 Briarknoll
Drive Arden Hills, MN (the "Property").
b. The Plai 'ffs filed a Notice of Appeal of an Assessment Special Assessments on or
about June 27, 2007, appealing the Special Assessment resulting in the present
laws t (the "Lawsuit"), which was adopted by the City pursuant to Resolution on
or a ut May 29, 2007 (the "Special Assessment").
'ffs have previously paid the entire amount of the Special Assessment.
c.
d. The Plain 'ff and Defendants have reached an agreement and understanding with
respe to the settlement of the Dispute and the Lawsuit and wish to memorialize
the s e in writing.
THEREFORE, for good and adequate consideration, the receipt of which
owledged, the parties hereby agree as follows:
I. Pavment. The Defendant agrees to pay to the Plaintiffs the amount of
Three Hun Eight 0/100 Dollars ($308) (the "Payment"). In consideration of the
Payment, rec ipt of which is hereby acknowledged. the Plaintiffs agree to release the
Defendant fr m any liability and claims whatsoever (known or unknown) arising out of
or in any way related to the Special Assessment, the Dispute, the Lawsuit, or any other
matterrelate thereto.
2. No Admission of Liability. It is understood and agreed that this
Settlement A ement involves disputed claims and that there is no specific or general
admission of iability of any nature whatsoever on the part of any party hereto.
3. Dismissal with Preiudice. The parties further agree that the Lawsuit, and
the claims co Wned therein or related thereto shall be dismissed with prejudice. Said
dismissal s I be pursuant to the Stipulation for Order, and Order for Dismissal With
Prejudice ex uted by or on behalf of the parties to this Agreement substantially the same
form as the a hed Exhibit A.
4. Binding Nature: Successors and Assil!l1S. The terms and provisions of
shall be binding upon the parties and their successors and assigns.
5. Counteroarts. TIlls Agreement may be executed in counterparts.
[Si ture Page(s) Follows]
IN TNESS WHEREOF, the parties have executed this Agreement on the dates
set forth 0010 .
PLAINTIFF:
,0---
~~~~
Leann M. Walker, Pro e
DEFENDAN
City of Arden Hills
By:
Its:
EXHlBIT A
(Form of Stipulation. etc.)
STATE OF MINNESOTA
DISTRICT COURT
COUNTY F RAMSEY
SECOND JUDICIAL DISTRICT
Type of Case: Special Assessment Appeal
Nicholas P. alker and Leann M. Walker,
Court FileNo.: 62-CY-07-761
Judge Steven D. Wheeler
Plaintiffs,
vs.
STIPULATION FOR DISMISSAL
City of Arde Hills,
Defendant.
IT IS STIPULATED AND AGREED by and between the Plaintiffs and Defendant
through the Jaintiffs, acting pro se, and the Defendant's counsel of record, and pursuant to
Minnesota Ie of Civil Procedure 41(a), that this action and all claims alleged therein,
shall be dis issed with prejudice, on the merits. In addition, the parties stipulate and
agree that ea h party shall bear all of its own costs and fees associated with this action.
This Stipulat on is pursuant to a certain Settlement Agreement and Release between the
Plaintiffs and Defendant.
The p rties further stipulate and agree that the Court shall be requested to enter an
Order incorp rating the above in substantially the same foml as the proposed order
attached her 0, which Order may be entered without hearing or further notice to any
party.
EXHIBIT tt
F:\useJs\fOHN\ah. isc\Walkerl.StipulBtion fOf Oismissal:\:3,doc
Dated:
Dated:
Dated:
,2008
,2008
,2008
F:\usersVOHN\ah - isc\Walkcr\Stipulation for Dismissal. v3.doc
PETERSON, FRAM & BERGMAN, P.A.
By:
Jerome P. Filla (Atty. Lic. #29166)
John Michael Miller (Atty. Lic. #7326X)
Attorney for Defendant
55 East Fifth Street, Ste. 800
St. Paul MN 55101
PH: 651-291-8955
Nicholas P. Walker, Pro Se
Leann M. Walker, Pro Se
2
ORDER
Bas upon the foregoing Stipulation for Dismissal With Prejudice entered into by
the parties d upon all of the flies, records, and proceedings herein,
IT I HEREBY ORDERED: That the Plaintiffs claims against Defendant in the
above entitl d action, including any claims for attorneys' fees or costs by either party, are
hereby dism sse<! with prejudice and on the merits.
BY TI-IE COURT:
Dated:
,2008
Judge of District Court
3
F:\usersUOHN\ah - isc\Walker\Stipulation for Dismis.sal.v3.doc