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File #: 12-0202    Version: 1 Name: Report of Settlement of Lawsuit
Type: Agenda Item Status: Consent
File created: 4/2/2012 In control: Board of Commissioners
On agenda: 4/17/2012 Final action:
Title: Report of Settlement of Lawsuit
Attachments: 1. 175823.PDF
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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Title
Report of Settlement of Lawsuit

Summary
ACTION:
Receive as information that Mecklenburg County, a political subdivision of the State of North Carolina v. Schenkel & Shultz, Inc., HDR Architecture, Inc., Kallmann McKinnell & Wood Architects, Inc., and Schenkel Shultz/HDR/Kallmann McKinnell & Wood Architects Inc., a Joint Venture, in the General Court of Justice, Superior Court Division, Mecklenburg County, Case Number: 10-CVS-16383 was settled with defendant HDR Architecture, Inc.

Contact: Marvin A. Bethune, County Attorney

Presentation: Yes____ No _X__

BACKGROUND/JUSTIFICATION:
On October 4, 2011, the BOCC approved in Closed Session the settlement of the portion of the lawsuit entitled “Mecklenburg County, a political subdivision of the State of North Carolina v. Schenkel & Shultz, Inc., HDR Architecture, Inc., Kallmann McKinnell & Wood Architects, Inc., and Schenkel Shultz/HDR/Kallmann McKinnell & Wood Architects Inc., a Joint Venture, in the General Court of Justice, Superior Court Division, Mecklenburg County, Case Number: 10-CVS-16383 (the “Lawsuit”) with HDR Architecture, Inc. Motion was made by Commissioner Cooksey, seconded by Commissioner James and carried 9-0 with Commissioners Bentley, Clarke, Cogdell, Cooksey, Dunlap, James, Leake, Pendergraph, and Roberts voting yes, to accept the settlement proposal of HDR Architecture, Inc. A copy of the settlement agreement is attached.

In January, 2011, the BOCC approved in Closed Session the settlement of the portion of the Lawsuit with defendant Schenkel & Shultz, Inc. On July 12, 2011 the BOCC approved the settlement of the portion of the Lawsuit with defendant Kallmann McKinnell & Wood Architects, Inc. The County has now entered into settlement agreements with all three defendants in this Lawsuit such that this lawsuit is now over.

N.C.G.S. 143-318.11(a)(3) requires that settlements approved in closed session be reported to the Board and entered into its minutes after the settlement is c...

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