CCR1991070COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION # 70 -91
AUTHORIZING EXECUTION OF STIPULATION CONCERNING
THE LITIGATION OF CITY OF MUSKEGO AND MILWAUKEE
METROPOLITAN SEWERAGE DISTRICT
WHEREAS, the City of Muskego has been involved in litigation with the
Milwaukee Metropolitan Sewerage District (MMSD); and
WHEREAS, as part of the contractual agreement entered between the
City and MMSD, the parties agreed to a dismissal of certain claims
referred to in a Stipulation, a copy of which is attached hereto and
made a part hereof: and
WHEREAS, Attorney Truman McNulty and Attorney Charles Mulcahy,
formerly of the firm Mulcahy h Wherry and now of the firm Frisch
Dudek, Ltd., have represented the City and other municipalities
concerning this litigation.
NOW, THEREFORE, BE IT RESOLVED that Attorney Truman McNulty is hereby
authorized to execute the attached Stipulation on behalf of the City
of Muskego and take all other reasonably necessary steps to file the
same and conclude the City's participation in this litigation. 0 DATED this qTH day Of APRIL , 1991.
CITY OF MUSKEGO
ATTEST :
JEAN K. MARENDA, Clerk
WAYNE G. SALENTINE, Mayor
STME OF WISCONSIN WORT OF APPEALS
DISTRICT I1
Case No. 90-1263
CITY OF BBOORFED, VILLAGE OF BUTLQZ,
CITY OF NEW BERLIN, VILLAGE OP ELM GROVE,
CITY OF HUSKESO, VIL.LAGE OF -,
VLLLBGE OF IgIENSVILLE, RICE7iEtD E. ENSSLLN,
VILLAGE OF MEHOMONEB PALLS, CITY OF -ON,
DONALD WENZEL and RRYHOND (;RAY,
Plaintiffs-Respondents-Cross Appellants,
OS *
WEfROPoLITBIJ SHERAGE DISTRICT
Defendant-Appellant-Cross Respondent.
0
REswNDENT4xoss APPELLANT, CITY OF MUSKEGO,
STIPULATTON TO DISMISS ALL CLAIMS 8-
AND APPELLANT-CROSS RESPONDENT,
MILWAUKEE METROPOLITAN SEXERAGE DISTRICT
.~
The City of Muskego and the Milwaukee Metropolitan Sewerage
District have resolved their disputes completely, including
reaching an agreement that all claims in this litigation of the
City of Muskego against the District and all claims of &e
District against the City of Muskego be dismissed and that the
District dismiss its appeal against the City of Xuakego. IC3
effectuate the resolution of their dispute, the City of Muskego
and the District hereby stipulate and agree:
1. The Court Of Appeals, without further action by either
party, should dismiss so much of the District's appeal o€ the
judgment entered in March, 1990 in this litigation as relates to
‘I .-
claims of the City OS Muskego, and the Dietrict waives all cia- *- against the City of Muskego arising out of this litigation. The
District waives no rights with respect to that judgment or any
other order, decision or judgments in this action affecting any
other party to this action; and
2. The Court of Appeals, without further action by either
party, should: 1) vacate SO much of the order for judgment and
judgment of the Waukesha County Circuit Court in this matter as
provided the City of Muskego any relief against the District; 2)
dismiss all claims of the City of Muskego against the District in
this matter; 3) dismiss all claims of the District against the
City of Muskego in this matter; and 4) dismiss the City of
Muskego’s cross appeal in this action.
Dated at Milwaukee, Wisconsin
this __ day of March, 1991.
FRISCH, DUDEKr LTD.
Charles Mulcahy
Truman Q. McNulty
By :
Attorneys for Plaintiffs-
Respondents-Cross Appellants
Frisch Dudek, Ltd.
825 North Jefferson Street Milwaukee, WI 53202-6495
(414) 273-4000
Dated at Milwaukee, Wisconsin this day of March. 1991.
MILWAUKEE MEllROPOLITAN
SEMEFWGE DISTRICT
-
Michael J. McCabe
Director of Legal Services
James H. Petersen
Senior Staff Attorney
Harold B. Jackson, Jr.
Senior Staff Attorney
By :
Appellant-Cross Respondent Attorneys for Defendant-
Milwaukee Metropolitan Sewerage District
Milwaukee, RI 53204
260 West Seeboth Street
(414) 225-2101 e 3209A