HomeMy WebLinkAboutVIII-13 Greg J. Homes of Hastings, Inc. v. City of Hastings Agreement
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: May 15, 2023
Item: Dismissing City’s Counterclaim
Council Action Requested:
Approve the negotiated terms, including dismissing the City’s counterclaim against Greg J
Homes of Hastings, Inc.
Background Information:
In 2022, Greg J Homes of Hastings, Inc. filed suit against the City of Hastings alleging, among
other claims, that the City had breached a 2020 Settlement Agreement regarding the
development South Oaks 4th Addition. The City filed a counterclaim for $12,877.75 in unpaid
expenses by the developer. The court dismissed several of the claims in late 2022. The remaining
claim regarding the alleged breath went to trial May 1-2, 2023.
The Court found in the City’s favor (that the City did not breach the Settlement Agreement) and
dismissed the claim. We then discussed the City dropping the counterclaim and GJH waiving
any appeal, contingent on City Council approval. City staff, legal counsel, and I all strongly
recommend the City Council waive the City’s counterclaim and satisfy the contingency in the
Stipulation.
Mr. Jablonske still owns the South Oaks 4th property and we’d like to see him develop it in
compliance with City ordinances.
Financial Impact:
Forgo $12,877.75
Committee Discussion:
Not applicable
Attachments:
• Stipulation
• Court Order
VIII-13
VIII-13
VIII-13
VIII-13