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<br />165 <br />Regular Council Meeting <br />6/20/94 <br />Page Five <br />Law D=artment - Mr. Diemert said Dr. Wilson has filed a lawsuit against Camelot <br />Homes and Mr. Ziernicki. He has included Mayfield Village and the Building <br />Department in the suit as well. Mr. Diemert said he has prepared a motion to dismiss <br />as Mayfield Village has bent over backwards trying to assist in that situation. There is <br />no liability on the part of the Village as well as the immunity that exists. <br />(D 1VIr. Diemert said since Council last met Dominic Calabrese has filed a lawsuit against <br />? Mayfield Village for not getting the last bid on the concrete resurfacing. A hearing was <br />held last Friday at which time the Judge coaxed the Plaintiffs to dismiss the case (after <br />Q Mr. Calabrese began testimony.) Mr. Diemert said Council did nothing wrong in their <br />z procedures in adopting the legislation or authorizing the contract in the way they did. <br />? There is nothing to correct in the way of their procedures. Mr. Diemert said he <br />anticipates the eminent domain proceedings to be filed for the Upper 40. He has <br />substituted a new page to Ordinance No. 94-40; the second version is marked with a <br />small number 2 at the bottom of the page. The only change in that is in Section One <br />where the Exhibits A-1 and 2 and B-1 ancl 4 were changed to B-1 to 6. We have two <br />additional legal descriptions necessary for worYc easements or temporary easements <br />during the course of the project. The legal descriptions are attached. We have extra <br />copies of the legal descriptions here prepared by the Village Engineers. If Council <br />passes this under suspension, in an emergency, this evening, they will be served and an <br />offer for p.urchase will take place based on the appraised price that he believes everyone <br />is aware of. That appraised price for the property and the work easements will be <br />offered to the property owners tomorrow and we will proceed then in due course to <br />take the next legal steps if we do not arrive at a negotiated purchase price for the <br />property. <br />Ivirs. I'eirce in the audience asked if she could see the exhibits to see what they are going <br />to talce from her. She asked why everything is a secret--she said everything is a secret. <br />Mrs. Cinco excused Chief Stevens at this time. <br />Activities Committee - Mayor Rinker said we lucked out on the weather for '50s Night <br />and had an excellent turnout. Each year it gets bigger. He expressed thanks to Chief <br />Stevens and the Police Department; the Service Department, who did an excellent job in <br />getting everything nailed down the way we wanted it; the Fire Department was on <br />deck; the volunteers, especially those on the Activities Committee. We have coming up <br />on July 3, the Fourth of July festivities. We will have a good fireworks show, <br />refreshments and entertainment.