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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

HARVEST COVENANT CHURCH, a Wisconsin church, individually and in its capacity as representative of certain individual members, and PASTOR DARNELL D. ROBINSON, Case No. 12-C-0549 Plaintiffs, v. CITY OF MILWAUKEE, Defendant.

SETTLEMENT AGREEMENT AND STIPULATION FOR DISMISSAL

The parties to the above-captioned proceeding hereby stipulate to the settlement and final resolution thereof, and to its dismissal, upon the following terms and conditions: 1. The defendant, City of Milwaukee (“City”), shall pay to the plaintiffs the sum of One Hundred Ninety-one Thousand Dollars ($191,000.00). Said payment shall constitute full and final settlement of all claims brought by the plaintiffs against the City in conjunction with this proceeding. 2. The plaintiff, Harvest Covenant Church (the “Church”), shall be permitted to continue to operate at its current premises located at 7127 West Lisbon Avenue in the City of Milwaukee (the “Property”), in accordance with its “Plan of Operation” dated October 23, 2009, and as a referenced in the Court’s “Order for Interim Relief” dated March 26, 2013. 3. The Church shall be deemed to constitute a legal nonconforming special use, as defined and governed by §§ 295-201-399 and 295-415-2 of the Milwaukee Code of Ordinances. Continuation of the existing special uses located at the Property (i.e., the day care facility and the

Case 2:12-cv-00549-CNC Filed 11/04/13 Page 1 of 2 Document 31


social services facility) shall not affect the Church’s zoning status as a legal nonconforming special use. 4. The parties agree to the dismissal of the above-captioned proceeding in its entirety, with prejudice, and without costs to any party. MAUCK & BAKER, LLC

Date: November 4, 2013

By: s/John W. Mauck IL State Bar No. 1797328

Date: November 4, 2013

By: s/Noel W. Sterett IL State Bar No. 6292008 MICHAEL D. DEAN, LLC By: s/Michael D. Dean WI State Bar No. 01019171 Attorneys for Plaintiffs GRANT F. LANGLEY City Attorney

Date: November 4, 2013

By: s/Rudolph M. Konrad Deputy City Attorney WI State Bar No. 01015041

Date: November 4, 2013

By: s/Stuart S. Mukamal Assistant City Attorney WI State Bar No. 01016992 Attorney for Defendant

1082-2012-1435:194674

2 Case 2:12-cv-00549-CNC Filed 11/04/13 Page 2 of 2 Document 31

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Doc 31 settlement agreement & dismissal  

Settlement and Agreement Stipulation for Dismissal

Doc 31 settlement agreement & dismissal  

Settlement and Agreement Stipulation for Dismissal

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