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
______________________________________________________________________
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 |