IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
A RESOLUTION authorizing the County Counselor to settle the claim against McClain Enterprises, in the case of Jackson County, Missouri vs. McClain Enterprises, et al., No. 0516-CV14771, now pending in the Circuit Court of Jackson County, Missouri.
Intro
RESOLUTION # 15933, June 12, 2006
INTRODUCED BY Henry C. Rizzo and Dennis Waits, County Legislators
Body
WHEREAS, in the case of Jackson County, Missouri vs. McClain Enterprises, et al., No. 0516-CV14771, now pending in the Circuit Court of Jackson County, Missouri, the County, represented by special counsel, is seeking damages and other remedies against, among others, McClain Enterprises, for their encroachment upon the County's Little Blue Trace Park in the development of the adjacent Saddle Ridge subdivision in Independence; and,
WHEREAS, the County and McClain Enterprises have engaged in discussions with the goal of resolving the County's claim against McClain in this lawsuit; and,
WHEREAS, these parties have discussed a tentative settlement of this claim, which involves the exchange of a parcel of land owned by McClain for the parcel of park land containing the encroachment; and,
WHEREAS, because the County obtained the affected park land with the assistance of federal funds, the exchange and settlement are subject to the approval of the U.S. Department of the Interior and the Missouri Department of Natural Resources; and,
WHEREAS, under this settlement, the County will retain its right to pursue damages and other remedies against the remaining co-defendant in the lawsuit; and,
WHEREAS, other provisions of the proposed settlement are generally outlined in the letter attached hereto as Exhibit A; and,
WHEREAS, the County Counselor and special counsel recommend this settlement; and,
WHEREAS, the proposed settlement is in the best interests of the health, welfare, and safety of the citizens of Jackson County; n...
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