Agenda - City of Dallas

COUNCIL CHAMBER
February 22, 2012
WHEREAS, the lawsuit styled Heather Stewart v. City of Dallas, Cause No.
02-10116-L, was filed by Heather Stewart seeking compensation from the City of Dallas
for the demolition of her residential structure located at 6017 Hudson, Dallas, Texas on
November 1, 2002, in accordance with an order of the Urban Rehabilitation Standards
Board (URSB); and,
WHEREAS, the trial court upheld the URSB's order finding that the property was an
urban nuisance and awarded the City $2,266.28 in attorney fees; and,
WHEREAS, the trial court then severed Heather Stewart's unconstitutional taking claim
under Cause No. 05-04952-L; and,
WHEREAS, the taking claim was tried before a jury, which awarded Stewart the
amount of $75,707.63, and the judge thereafter entered a judgment awarding her
pre-judgment and post-judgment interest on that amount at a rate of 8.25 percent from
October 24, 2002; and,
WHEREAS, the City appealed to the Dallas Court of Appeals, which affirmed the trial
court, and to the Supreme Court of Texas, which affirmed 5-4 the Court of Appeals’
judgment on different grounds; and,
WHEREAS, it is in the best interest of the City to pay the judgment; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That the judgment in the lawsuit, styled Heather Stewart v. City of Dallas,
Cause No. 05-04952-L, be paid to Heather Stewart with the parties agreeing to the
judgement amount of $149,888.64, which amount includes pre-judgment and
post-judgment interest at a rate of 8.25 percent from October 24, 2002 and the
reduction of attorney fees owed to the City.
Section 2. That the City Controller is authorized to pay to Heather Stewart the
amount of $149,888.64 no later than March 5, 2012, from Fund 0192, Agency ORM,
Org. 3890, Obj. 3521, Vendor MVATT001.
Section 3. That this resolution shall take effect immediately from and after its
passage in accordance with the provisions of the Charter of the City of Dallas, and it is
accordingly so resolved.