04-0307R

REPLACEMENT, AS AMENDED

RESOLUTION AUTHORIZING DISPOSITION OF LAWSUIT.

BY COUNCILOR GILBERT:

BE IT RESOLVED, that the city of Duluth shall promptly dispose of the lawsuit of MCLU, et al v. City of Duluth, et al, Civil File No. 04-1079, without trial, by appropriate means, which include settlement, consent decree, Rule 68 notice, or other manner approved by the court, the terms of which disposition may include the permanent removal of the artifact and a permanent injunction against it being publicly displayed on property owned or controlled by the city or any other government and the relief requested in plaintiff's complaint.

BE IT FURTHER RESOLVED, that the city attorney, with the concurrence of the council, is authorized to do any act and execute any document necessary to implement this resolution.


STATEMENT OF PURPOSE:  This resolution authorizes the city to end the lawsuit by permanently removing the artifact and not allowing it to ever be publicly displayed on government land. It allows the city to give notice that it will grant the relief requested in the complaint and allow a permanent injunction to issue, as authorized by Rule 68 of the Rules of Civil Procedure. It also allows settlement by agreement or consent decree, or any other efficient method.