The lawsuit identified above has been pending since 2004. The Plaintiffs filed suit challenging the actions of the Board of County Commissioners to rezone property to permit an elementary school (Elementary X) at the intersection of Donna Lu Drive and Gunn Hwy. At the direction of the Court, a mediation session was held with the parties on November 29, 2006, to determine if a mutually acceptable settlement could be reached prior to the scheduled trial date in mid-February 2007.

An acceptable settlement has been reached and is proposed for the School Board's consideration. The terms of the settlement are outlined in the Settlement Agreement dated November 29, 2006, and the attached Memorandum of Understanding. The Settlement Agreement will permit the School District to proceed with construction of a 775 student station elementary school in that location. There are several design elements to the structure and site that will need to be followed pursuant to the terms of the Agreement and Memorandum of Understanding. The District will be responsible for paying $45,000 in settlement of all claims made by the Plaintiffs.

It is recommended that the School Board approve the attached Settlement Agreement and Memorandum of Understanding.