Mayor John Sullivan and Councilmember Bill Deile agreed to drop their lawsuit against the city on Monday, which was filed before either was elected to office.
The lawsuit, which also included private citizens Robert Sylvester and Janet Deile, claimed the city’s utility expansion assessment methodology was unfair.
City Council unanimously accepted their offer to drop the suit with prejudice on Monday. The agreement will see each party bear their own legal costs thus far.
Councilman Deile said part of his decision to drop the lawsuit came from the realization that the assessment methodology could be addressed from the dais and not the courtroom.
“We have more of a chance to affect the methodology from up here than we can legally,” he said.
Sullivan said Sylvester, who was not present at the meeting, also agreed to drop the lawsuit. All three parties must sign agreements they are dropping the suits.
“Mr. Sylvester told me himself he would do whatever Councilmember Deile and myself did,” Sullivan said.
A mediated settlement was rejected by City Council last year, which would have seen Deile receive $5,000, $1,500 of which would have been donated to the city’s Charter School; Sullivan would have received $1; and Sylvester would also have received $5,000.
The city already has spent around $80,000 defending itself against the lawsuit, according to City Spokeswoman Connie Barron. A round of depositions were scheduled next week that would have cost the city another $5,000, Barron said.
Councilmember Pete Brandt said City Council should have accepted the settlement when offered last December, but thought the forthcoming depositions would also have been “exhausting,” and another reason the suit was dropped.
“I’m pleased they decided to do what they did,” Brandt said.
The mayor said in December when the settlement was offered that the lawsuit was about more than simply addressing the assessment methodology, and instead the entire system, as it now stands, is not fair and balanced.
He said previously that the city is “subsidizing” churches and for-profit schools with reduced fees or assessments. Those reductions are violating the U.S. Constitution, said.
The mayor also said previously he didn’t believe the assessment methodology could be addressed from the dais, as the make-up of the council will be unclear once the UEP eventually comes back online.