270160 WHITE — CITV CLERK �w■/�� ��
CANARY — DIEPAR MENT COUIIC11 J `7
BLUE — MAVOR CITY OF SAINT PAiTL File NO. � � ° �
cil Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREAS, a contract for settlement was entered into between
the City of Saint Paul and Janet Tschida and Ralf Swanson
regarding their claims for dama.ges arising out of the existence
and operation of Project Newgate at 827 Mound Street, Saint Paul,
Minnesota; and
WHEREAS, the office of the City Attorney, in its discretion,
believes that the amount of $300, in full compromise and settlement,
and not as an admission of liability; is justified to avoid the
risk of an unfavorable jury verdict in a much larger amount; now,
therefore, be it
RESOLVED, tha.t the proper City officers are hereby authorized
and directed to pay out of the Tort Liability Fund 09070-511-000
to Janet Tschida and Ralf Swanson the amount of $300 as consideration
of a full and final settlement of all claims arising out of the
existence and operation of Project Newgate at the above-mentioned
address.
COUNCILMEN Requested by Department of:
Yeas Nays �
---$�r
Hozza [n Favor
Hunt
Levine _ __ Against BY
Roedler
Sylvester
Tedesco ��� 1 197]
Form Approved by City Attorney
Adopted by� Council: Date
Certified s d by C unci , cr y BY -
By �
`� DEC 2� �977 Approved by Mayor Eor Submission to Council
App d by Mavor: Date —
gY By
3��u��-��, r-, ��µ'� � `� ���7
s+
������.�s�
R�,�•t= �•ti,+ CITY OF SAINT PAUL
` � OFFICE OF THE CITY ATTORNEY
e ,
.
�� a
♦• ,..µ^• "
..�.. Harriet Lansing, City Attorney
647 City Hall,Saint Paul,Minnesota 55102
George Latimer
Mayor 612 298-5121
M E M 0 R A N D U M
T0: Members of the City Council
FROM: Ma.ry Ann Barrows Wark
Assistant City Attorney
DATE: November 22, 1977
RE: Claim against the City of Saint Paul by
Janet Tschida and Ralf Swanson
Claimants Janet Tschida and Ralf Swanson requested dama.ges in
the amount of $20,000 for property dama.ge, inconvenience,
discomfort and physical and emotional suffering for the
continuing nonconforming use and the existence as a nuisance
of Project Newgate; and damages in the amount of $10,000
for the failure or refusal to act on the part of certain City
officials, thereby contributing to the institution and continuance
of the nuisance. A stipulation of dismissal with prejudice has
been filed in the lawsuit of Janet Tschida and Ralf Swanson
against Newgate, Inc. a/k/a Project Newgate; Ronald Severson;
Bruce Clendenen; John Dando; Agnes A. Mortimer; The City of Saint
Paul; Its Ma.yor, Lawrence D. Cohen; Members of Its Council,
John E.C'Christensen, David H. Hozza, Ruby Hunt, Leonard Levine,
Patrick J. Roedler, Robert Sylvester and Victor J. Tedesco; Its
City Architect, Glenn A. Erickson; Its License Inspector,
Joseph Carchedi; Its Supervisor of Housing and Building Code
Enforcement, Sam Blue; and Its City Attomey, Pierre N. Regnier.
This office has approved the amount of $300 in full compromise
and settlement, and not as an admission of liability, the
compromise is justified to avoid the risk of an unfavorable
jury verdict in a much higher amount.
MABW:paw
attach.
� `'-���-�'�J