HomeMy Public PortalAbout1978_01_25_R014RESOLUTION NO.
A RESOLUTION:
TOWN OF LEESBURG
IN
LOUDOUN COUNTY, VIRGINIA
78-14
PRESENTED January 25, 1978
AMENDED January 25~ 1978
ADOPTED January 25~ 1~78
AUTHORIZING A CONSENT ORDER IN MOTHER GOOSE, INC. vs.
THE TOWN OF LEESBURG
WHEREAS, Mother Goose, Inc. brought an action against the
town for declaratory judgment and injunctive relief to compel
the town to grant a 50,000 gallons per day sewer service use to
Mother Goose, Inc.; and
WHEREAS, the action was brought on several grounds including
action taken by Mother Goose, Inc. in reliance of the belief the
town had granted permission for sewer service to property owned
by Mother Goose, Inc.; and
WHEREAS, as a result of settlement discussions between counsel
for Mother Goose, Inc. and the town and extensive stipulations to
certain facts, the parties have reached understandings regarding
the premises of the controversy:
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows:
The Town Attorney is hereby authorized and directed to exe-
cute a consent order in the case of Mother Goose, Inc. vs. the
Town of Leesburg, in the Circuit Court of Loudoun County, In
Chancery #6076, under the following terms:
(a) Mother Goose, Inc. shall be granted a sewer connection
for use only for one 80-seat restaurant, one lO0-seat
grill room, locker rooms for golfing and one 120-unit
motel, all to be located on property of Mother Goose,
Inc.
-2-
(b)
(c)
Mother Goose, Inc. shall bear full responsibility
for constructing, maintaining and operating its
sewer line to the point of connection to the town's
sewer system.
Mother Goose, Inc. shall pay all fees and obtain all
other necessary permits and licenses necessary for
the connection.
(d)
The town's obligations under the consent order shall
expire if:
(1)
(2)
Mother Goose, Inc. has not secured the required
permits from the town and completed construction
of the 80-seat restaurant, lO0-seat grill room
and locker rooms for golfing within 24 months
from the entry of this order;
Mother Goose, Inc. has not secured the required
permits from the town and completed the 120 room
motel within 36 months from the date of entry of
this order.
(e) This agreement shall be non-assignable by Mother Goose,
Inc. without approval of the Council.
PASSED this 25th day of January
, 1978.
ATTEST:
Mary A~ne Newman, Mayor
Town of Leesburg
Cl~hncil /