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File #: 23-305    Version: 1 Name:
Type: CONSENT AGENDA Status: Approved
File created: 1/11/2023 In control: City Attorney's Office
On agenda: 2/8/2023 Final action:
Title: Authorize settlement of the lawsuit styled CLH20, LLC v. The City of Dallas, The City of Dallas Building Inspection Advisory Examining and Appeals Board, and 1529 Sullivan Street Condo Owners Association, Cause No. DC-22-05368 - Not to exceed $60,000.00 - Financing: Dallas Water Utilities
Indexes: 300
Attachments: 1. Resolution
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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STRATEGIC PRIORITY:                     Government Performance & Financial Management

AGENDA DATE:                     February 8, 2023

COUNCIL DISTRICT(S):                     N/A

DEPARTMENT:                     City Attorney’s Office

EXECUTIVE:                     Christopher J. Caso

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SUBJECT

 

title

Authorize settlement of the lawsuit styled CLH20, LLC v. The City of Dallas, The City of Dallas Building Inspection Advisory Examining and Appeals Board, and 1529 Sullivan Street Condo Owners Association, Cause No. DC-22-05368 - Not to exceed $60,000.00 - Financing:  Dallas Water Utilities

 

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BACKGROUND

 

Plaintiff CLH20, LLC filed a lawsuit against The City of Dallas, The City of Dallas Building Inspection Advisory Examining and Appeals Board, and 1529 Sullivan Street Condo Owners Association, seeking compensation for alleged inverse condemnation/regulatory taking and declaratory relief against the city defendants and for trespass and negligence against the condo association, relating to a private wastewater lateral line that crosses part of Plaintiff’s property but services property owned by the condo association. The parties have reached a proposed settlement subject to City Council approval that includes payment from the City to Plaintiff not to exceed $60,000.00, and Plaintiff dedicating an easement for the wastewater lateral line to the City.  Plaintiff is represented by Novak & Stauch, PLLC, and the condo association is represented by Stromberg Stock.

 

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)

 

A confidential memorandum regarding this matter will be provided to the City Council on February 3, 2023.

 

FISCAL INFORMATION

 

Fund

FY 2023

FY 2024

Future Years

Dallas Water Utilities

$60,000.00

$0.00

$0.00