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CCR1983280RESOLUTION #280-83 AUTHORIZING THE EXECUTION OF THE STIPULATION AND ORDER FOR DISMISSAL (McAdams of Muskego, Inc. vs. City of Muskego) WHEREAS, in order to settle the matter of McAdams of Muskego, Inc., d/b/a Pick 'n Save vs. the City of Muskego, Order for Dismissal; and it is necessary to execute the attached Stipulation and WHEREAS, the terms of the settlement include the adoption of an ordinance to delete alleged offensive language in Chapter 12.01(5)(b) of the Municipal Code and the adoption Pick 'n Save Class A Retail Liquor License in Resolution of a resolution to remove the restrictions placed on the #157-83 (As Amended). NOW, THEREFORE, BE IT RESOLVED that the Common Council Committee, does hereby authorize the execution of the Stipulation of the City of Muskego, upon the recommendation of the Finance and Order for Dismissal in the matter of McAdams of Muskego, Inc., d/b/a Pick 'n Save vs. the City of Muskego, subject to the adoption of Ordinance #467 amending Chapter 12.01(5)(b) of the Municipal Code and adoption of Resolution #281-83, Removing Restrictions Imposed by Resolution #157-83(As Amended). DATED THIS DAY OF , 1983. FINANCE COMMITTEE Ald. Edwin P. Dumke Ald. Mitchel ,Penovich, ATTEST : City Clerk B -vs- CITY OF MUSKEGO, a municipal corporation, Case No. 83-CV-2071 I Defendant. The pl.aintiff, Warns of Muskego, Inc., a Wisconsin corporation, d/b/a Pick 'N Save, by its attorneys, Gdfrey, Pfeil & Neshek, S.C., by Robert C. Leibsle, and the de€endant, City of Muskego, a municipal corpration, by its attorney, Donald S. blter, Jr., hereby stipulate to dismiss the ahove-captioned action with prejudice and without costs and attorneys fees awarded to either a Wisconsin Plaintiff \ for Defendant I I ORDER __ &sed upon the foregoing Stipulation, IT IS HEREEiY ORDERED that the above-entitled action be, and the same is hereby, dismissed with prejudice and without costs or attorneys fees being awarded to either party. btd this :& day of ‘7 4 m. , 1983. BY THE CCKRl’: e e Circuit Court Judge GODF“, PFEIL & NESHEK, S. C. P. 0. Box 291 11 North Wisconsin Street Telephone: (414) 723-3220 Elkhorn, Wisconsin 53121 -2-