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CITY OF NORTH OLMSTED RESOLUTION NO. 2005 - 28 BY: Mayor Musial. A RESOLUTIONAUTHORIZING THE DIRECTOR OF LAW TO SETTLE THE LAWSUIT ENTITED, STATE, EX REL. GANLEYREAL ESTATE CO., ET AL V CITY OF NORTH OLMSTED, ET AL., CUYAHOGA COUNTY COMMON PLEAS COURT CASE NO. CV0542871; FURTHER AUTHORIZING THE MAYOR TO EXECUTE ALL AGREEMENTS NECESSARY TO EFFECTUATE SAID SETTLEMENT; AND DECLARING AN EMERGENCY. WHEREAS, on September 14, 2004 a Complaint was filed in the Court of Common Pleas against the City of North Olmsted, the Mayor of the City of North Olmsted and the North Olmsted City Council, including its President and all of its individual members, by Ganley Real Estate Co.; and WHEREAS, the Complaint alleges that the zoning of the Ganley property is unconstitutional, that the City's zoning regulations deprive Ganley's use of its property and operate as a taking thereof, and Ganley therefore seeks a declaration from the Court to that effect. Further Ganley's complaint seeks a writ of mandamus compelling the City to immediately commence appropriation proceedings in Probate Court to determine the amount of compensation, if any, due Ganley as a consequence of the allegations against the City; and WHEREAS, inasmuch as this Council had approved the development proposal submitted by Ganley but had denied the proposed amendment of the Zone Map for the northern portion of the Ganley property from residential to general retail district, the terms of Ganley's settlement agreement with the City will permit limited commercial use of said northern portion of the Ganley property, specifically and precisely as shown by the approved development plan, in exchange for elimination of the rezoning dispute and full release of all damage claims against the City arising from said constitutional challenge; and WHEREAS, it is the desire of this Council to authorize the Director of Law to settle said lawsuit and further authorize the Mayor to execute a Release and Settlement Agreement necessary to effectuate same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1: That the Director of Law be, and he hereby is, authorized and directed to execute, on behalf of the City, a Consent Judgment Entry in Cuyahoga County Common Pleas Court Case No. CV0542871 State, ex rel. Ganley Real Estate Co., et al. v. City of North Olmsted et al. Further, that the Mayor is hereby authorized to execute, on behalf of the City, a Release and Settlement Agreement necessary to effectuate said settlement, a copy of which is attached as Exhibit A.