TO: Mayor and Town Council
FROM: Jill Keimach, Town Manager
Andrew Miller, Town Attorney
DATE: September 26, 2019
CONTACT:
Staff Contact
Andrew Miller, 480-348-3691
End
AGENDA TITLE:
Title
Approval of Conditional Settlement with Tim Riester and Mirja Riester, Case No. CV 2018-004269.
Body
RECOMMENDATION
Recommendation
Authorize the Town Manager and Town’s attorneys to execute a settlement agreement with Tim and Mirja Riester, fully settling Case No. CV 2018-004269,and authorize the Town and its insurers to pay the Riesters a settlement payment of $ .
Background
BACKGROUND:
Tim and Marja Riester filed a suit against the Town on April 2, 2018, alleging that on July 30, 2017 and July 31, 2017, a blockage in the Town’s sewer system caused a backup of sewage into their home. The Riesters also alleged that both the Town of Paradise Valley and the City of Scottsdale were negligent for not taking steps to prevent the backup or to find the blockage in sufficient time to reduce the damages to their home due to the sewage backup. Through ongoing settlement discussions, the parties are now ready to settle the suit and have reached a conditional settlement agreement (“conditional” in that the settlement must still be approved by the Council). If approved, the settlement will resolve all claims related to the Riester suit. The amount of the settlement will be discussed in an executive session with the Council earlier in the meeting on September 26, 2019 meeting, thus listing the details of the settlement are premature until the Council first hears of the settlement terms.
ATTACHMENTS:
None (Final Settlement Agreement to be provided at the Council Meeting)