ADOPTED - DECEMBER 14, 2004

Agenda Item No. 12

Introduced by the County Services and Finance Committees of the:

INGHAM COUNTY BOARD OF COMMISSIONERS

RESOLUTION APPROVING SETTLEMENT IN TELECOMMUNICATION CABLE RAILROAD CORRIDOR CLASS ACTION

RESOLUTION #04-367

WHEREAS, Ingham County purports to be included in a proposed class action settlement in Re: AT&T FIBEROPTIC CABLE INSTALLATION LITIGATION; and

WHEREAS, if this is approved by the this Board, the County would be entitled to make a claim for compensation equal to approximately $2.00 per linear foot of portions of the County’s Lake Lansing Park which abuts the railroad right-of-way; and

WHEREAS, this settlement would be in full settlement of claims or potential claims the County may have regarding fiberoptic cable installed in railroad right-of-ways abutting County land; and

WHEREAS, the equity of the proposed settlement will be ruled upon by the Federal District Court with jurisdiction of this matter; and

WHEREAS, the intent of the Board of Commissioners was to apply the Plan Update and these terms equally to all contractors; and

WHEREAS, the cost of opting out of the settlement and commencing litigation would far outweigh any potential sums to be recovered from such litigation, the Federal Court will make a determination that such sums paid by AT&T will be greater than that which would likely be paid in an individual action by a class member; and  

WHEREAS, Corporation Counsel has reviewed the proposed settlement.

THEREFORE, BE IT RESOLVED, that the Board of Commissioners accepts such settlement, subject to review by the Federal District Court with jurisdiction in this matter determining that the settlement is fair and equitable to the class members.

BE IT FURTHER RESOLVED, that the Board of Commissioners directs Corporation Counsel to file a claim for proceeds pursuant to the schedule set by the Court. 

COUNTY SERVICES:  Yeas:  Swope, Thomas, Hertel, Severino, Nevin

      Nays:  None          Absent:  De Leon       Approved 12/7/04

FINANCE:   Yeas:   Lynch, Grebner, DeLeon, Thomas, Minter

Nays:  None           Absent:  Dedden       Approved 12/13/04