to: Mayor and Town Council
from: Ralph D. Karpinos, Town Attorney
subject: Settlement of Challenge to Subdivision Condition of Approval: Rayfield
date: December 11, 2007
Pursuant to the requirements of N.C.G.S. 143-318.11(3), I am writing to report that the Rayfield v. Town of Chapel Hill case has been settled in accordance with the terms approved by the Town Council in closed session on November 7. There will be no change to the road alignment as approved by the Council. The Town will receive a payment in lieu of recreation space in the amount of $53,616 in full satisfaction of the payment in lieu provision of the resolution approving the preliminary plat application.
Plaintiff has withdrawn his notice of appeal to the North Carolina Court of Appeals which had sought review of the decision of the Orange County Superior Court.
This memorandum and the minutes of the closed session of the Town Council from November 7, 2007, will be included in an upcoming set of minutes reported publicly with an upcoming Council meeting agenda.
cc: Roger L. Stancil, Town Manager
Sabrina Oliver, Town Clerk