Title
Resolution to Approve Amendment Number 2 to the Professional Services Agreement with Rosati, Schultz, Joppich, & Amtsbuechler P.C., for Legal Services Relative to Platt Convenience, Inc. v City of Ann Arbor ($200,000.00 amendment; $810,000.00 total contract)
Memorandum
Below for your review and approval is a resolution to approve Amendment Number 2 to the Professional Services Agreement with Rosati, Schultz, Joppich, & Amtsbuechler P.C., for Legal Services Relative to Platt Convenience, Inc. v City of Ann Arbor.
In October 2021, Platt Convenience, LLC, filed a lawsuit directly with the Michigan Court of Appeals 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.
The City Attorney's Office 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 handle the defense of this lawsuit.
In December 2021 Council approved an initial contract with the Firm for $90,000.00 for the initial response stage of the litigation, and as the litigation progressed and the extent of legal services needed to defend the lawsuit became known Council approved Amendment 1 for an increase of $610,000.00 which is expected to be exhausted soon.
Since April 2022 when the Michigan Cour...
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