LaSalle Commercial Mortgage Sec., Inc. v. City of Biddeford
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STATE OF MAINE YORK, ss SUPERIOR COURT ; LASALLE COMMERCIAL MORTGAGE SECURITIES, INC. COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES TRUST SERIES 2006 MF2 Plaintiff, ) ) ) ) ) ) ) ) v. CITY OF BIDDEFORD, TIMOTHY NELSON, AND ROBY FECTEAU l)O~KE:~~R(;Y\9~-~ ¬ 13 '.',' ':1 ':. )c " '," L:·.~ .... ,~ ,,: ,f'"" ~~ ..... ,.( ¢ ¢ 0")\, \'\' 1 l~~J,· '/ ¢ ~ , -' I Ia ' ~/ -:z) ".'~'!~ J .~ ( ,.' STIPULATION AND ORDER ) ) ) ) ) ) Defendants. This matter came before the court on the Plaintiffs Motion for Preliminary Injunction and supporting affidavits. On November 26, 2008 a hearing on that motion was commenced before the court. Prior to the completion ofthat hearing the parties entered into separate discussions for the purpose of attempting to resolve the issues raised by that motion. Based on those discussions, the parties hereto have agreed to the following stipulation, which stipulation they agree may be issued as an order of this court. Specifically the parties stipulate and agree as follows: 1. Neither the Plaintiff nor any successor-in-interest to the Plaintiff with respect to property located at Nos. 8 and 15 Williams Court, Biddeford, Maine shall be liable for any fine or judgment assessed against Ryan Priest in actions entitled City of Biddeford v. Ryan Priest, Docket No. CV-07-406, Maine District Court for the Division of Eastem York and City of Biddeford v. Ryan Priest, Docket No. CV-08-99, Maine District Court for the Division of Eastern York and Defendants are pennanently enjoined from seeking to impose such liability on the Plaintiffor any successor-in-interest. 2. As ofthe date of Court's issuance of its order pursuant to this stipulation, the buildings owned by the Plaintiff at Nos. 8 and 15 Williams Court, Biddeford, Maine shall be deemed to be lawfully existing non-confonning uses under the Biddeford land use ordinances. Such status as non-confonning uses shall continue for a period of nine (9) months from the date of entry of the order. If during that nine month period the Plaintiff or any successor in interest applies for and receives a building permit to restore, repair, r rehabilitate or correct alleged City Code violations in either building, such non conforming use shall stay in effect for a period of one (1) year from the date of issuance of the permit to allow completion of such restoration, repair, rehabilitation or alleged Code violation correction ofthe building for which such pennit was issued. If during the foregoing one (I) year period the occupancy of either of the buildings is restored, the non-confonning use shall thereafter continue with respect to such buildings. 3. In making this agreement the City does not waive its right to initiate a separate enforcement action against the Plaintiff or any successor-in-interest to the Plaintiff with respect to any alleged code violations in either ofthe buildings in issue. Any defenses to such separate action are similarly not waived. 4. Counts I, II, V and VI of the Complaint are hereby dismissed with prejudice and without costs to any party. 5. Plaintiffwaives any claim to attorneys fees under state or federal law, including 42 U.S.c. § 1988, with respect to such Counts I, II, N and VI and any actions 2 taken with respect to the Motion for Preliminary Injunction and hearing on that motion, including this stipulation and order. At the direction of the Court, this Order Rule 79 (a) shall be incorporated into the docket ! Dated':'-J~ ~ ],001 John M.R. Paterson Robert J. Crawford Asha Echeverria Counsel for Plaintiff, Lasalle Commercial Mortgage Securities, Inc. ~ Dated: G :.J""t"' 200~ aucier =tt- 353 Counselor Defendants, City of Biddeford, Timothy Nelson, and Roby Fecteau THOMPSON BOWIE Three Canal Plaza POBox 4630 Portland, ME 04112 Pursuant to the furegoing stipulation, It is s~=Or~ .~ Dated: ------r----4-------f- Arth rennan Justi e, Superior Court 3
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