Title
Resolution to Approve Amendment Number 1 to the Professional Services Agreement with Rosati, Schultz, Joppich, & Amtsbuechler P.C., for Legal Services
Memorandum
Attached for your review and approval is a resolution to approve Amendment Number 1 to the Professional Services Agreement with Rosati, Schultz, Joppich, & Amtsbuechler P.C., for Legal Services Relative to Platt Convenience, LLC v City of Ann Arbor.
In October 2021, Platt Convenience, LLC, filed a lawsuit on behalf of a purported class challenging the City's stormwater fees as unlawful taxes imposed in violation of the Headlee Amendment, Mich. Const. 1963, Art 9, Secs 25-33, seeking to invalidate the City's ability to charge stormwater fees and for the return of stormwater fees collected from the purported class for the period starting one year prior to the date the complaint was filed (October 22, 2021) through judgment (if any) and fees and expenses.
This case was filed by the same law firm that filed Hahn v City of Ann Arbor, which was also a claimed class action challenging the City's water, sanitary sewer and stormwater fees which was dismissed voluntarily after the denial of Plaintiffs' motion for class certification. Platt Convenience's attorneys chose to file this case directly with the Michigan Court of Appeals as permitted under Michigan law.
The City Attorney selected Rosati, Schultz, Joppich & Amtsbuechler, P.C. as the law firm to provide specialized legal services for the Platt Convenience litigation because of its experience in defending other communities against similar utility fee lawsuits, its familiarity with the plaintiff's attorneys, its specialized experience in municipal law and municipal litigation, because it was already handling the Hahn litigation on the City's behalf, and its ability and capacity to prepare and file responsive pleadings for the City within the short period allowed.
Council approved an initial contract with the Firm in the amount of $90,000.00 for...
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