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rAy 3 ►,
Settlement rides
on Denver man
dropping suit
in store dispute
By KEVIN DUGGAN
The Coloradoan
The city of Fort Collins will pay
l s ti eF►Yprk gev�loM, .$1251000 _ to
to pay, developer $125,000
drop a lawsuit against the - city
that claims City Council actions
cost him the chance to build a
King Soopers store along Har-
mony Road.
City Attorney Steve Roy said
the city will pay developer Jim
Sullivan $125,000 and return
$1,550 in development applica-
tion fees that he paid in 1994 to
start the process of building a
shopping center near the intersec
tion of Harmony Road and Mc-
Murray Avenue.
The city will file a motion today
in Larimer District Court to have
the suit dismissed, Roy said. Sul-
livan had sought $3 million in
damages.
The decision to settle rather
than fight the suit came after
weighing the potential cost of hti-
gation and the city's chances of
wining the court battle, Roy
t}us case, the 1 city bebeves
this a reasonable action and in
the best interests of the city," Roy
said.
City Manager John Fischbach
said the decision to settle doesn't
necessarily mean, that officials
thought they could not win m
court.
"We estimated it would cost
about $100,000 in legal fees to
fight this," he said. "It worked out
to be pretty much a straight
tradeoff." :
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Council member Bob Me-
Cluskey said he liked the city's
chances of winning in court. But
he said the settlement was "a
good financial decision."
"It's 'no small sum, but with the
potential for what this could have
cost us going through the process,
even if we won, I think this is a
good move," he said.
Sullivan had proposed building
ll,
YOB SM, P414
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