Afton reaches settlement in lawsuit
The city of Afton has reached a settlement agreement with FOC, LLC and Atomic Properties in the lawsuit against the city. The settlement agreement was approved at a special meeting Tuesday, April 14.
The lawsuit was brought upon the city in 2007 after the plaintiffs had purchased 69 acres of land that had been rezoned as industrial in the city's comprehensive plan, but then the city adopted ordinance amendments establishing regulations on the property.
The plaintiffs then initiated a lawsuit against the city, stating that the ordinances were in conflict with the city's comprehensive plan, they were arbitrary and capricious, and have effectuated a regulatory taking of their property.
In the settlement agreement that was presented to the Afton City Council, ordinance amendments to the ordinances in question were proposed that would remedy the regulations on the property, as well as require the city to pay the plaintiffs $200,000.
However, before the settlement can go into effect, the city must first hold a public hearing and approve the ordinance amendments.