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,; <br />RESOLUTION N0. 85-5 <br />INTRODUCED BY: Mayor Carmen & Council as a Whole <br />. ~ r <br />A RESOLUTION AUTHORIZ ING THE <br />DIRECTOR OF LAW TO EXECUTE A <br />JUDGMENT ENTRY IN JULIUS PARIS. <br />TRUSTEE. ET AL. v. HAYFIELD <br />VILLAGES ET AL., THE SAME BEING <br />CASE N0. 44310 IN THE CUYAHOGA <br />COUNTY COURT OF COMMON PLEAS, AND <br />DECLARING AN EMERGENCY. <br />WHEREAS, the Village is a Defendant in <br />Trustee. et al. v. Mayfield Village, et al., the <br />No. 44310 in the Cuyahoga County Court of .Common <br />being a declaratory judgment pertaining to the z~ <br />located at the southwest corner of S.O.M. Center <br />and <br />Julius Paris. <br />same being Case <br />Pleas, said action <br />~ning of the property <br />Road and Beta Drive; <br />WHEREAS, prior to the scheduled trial of the case, the Mayor <br />and Council, upon advice and recommendation from the Director of Law, <br />determined that the evidence available indicated that a trial could <br />result in a verdict declaring that portion of the subject property <br />zoned U-1 (Single-Family Residential) to be unconstitutional and <br />furthermore ordering the municipality to rezone the property to <br />another available zoning classification meeting constitutional <br />standards; and <br />WHEREAS, prior to the scheduled trial the municipality was <br />able to negotiate a settlement whereby an acceptable portion of the <br />subject property would remain zoned U-1 (Single-Family Residential) <br />and restrictions on the use of the remainder would avoid a noxious <br />interference with the quality of life for those properties located in <br />the area; and <br />WHEREAS, the Mayor and Council are desirous of effecting the <br />aforesaid negotiated settlement; now, therefore, <br />BE IT RESOLVED BY THE COUNCIL OF HAYFIELD V ILLAGE, OHIO, THAT: <br />Section 1. The Mayor and Council of Mayfield Village, <br />Ohio, hereby authorize and direct the Director of Law to execute the <br />Judgment Entry in regard to the litigation referred to in the preamble <br />hereto, said Judgment Entry being substantially similar to the one <br />attached hereto and incorporated herein as if fully rewritten. <br />Section 2. The Director of Law is hereby further <br />authorized and directed to take whatever other actions are necessary <br />in order to terminate the of oresaid litigation in the most expeditious <br />manner. <br />Section 3. That the Council finds and determines that all <br />formal actions of this Council relating to the adoption of this <br />