2.4. ERMUSR 05-10-2016 - Laserfiche WebLink

Home Browse Search

• Land use regulation. Any litigation relating to the city's regulation of the use of land or real property or the application or interpretation of a land use, zoning, subdivision, or similar ordinance or regulation. • Development. Any litigation relating to the city's participation in or financing of any housing, development, or redevelopment project. • Franchising. Any litigation relating to the granting,refusal, interpretation, or enforcement of any franchise, ordinance,permit, license, or other mechanism through which the city authorizes or regulates parties other than the city, with regard to the provision of telecommunications, electricity, gas,heat, sewage treatment or refuse collection within the city. • Enterprise operations. Any litigation relating to a city's authority to engage in enterprise operations. "Enterprise operation"means any arrangement under which the city offers goods or services for a fee, such as utilities, telecommunications services, or similar things. • City debt obligations. Any litigation relating to bonds,notes, financing certificates, lease-purchase agreements, or other similar debt instruments or financial obligations proposed, guaranteed, approved, issued, or entered into by the city. Under the land use and special risk litigation coverage, the following types of litigation are excluded. • Physical takings. Litigation that seeks only compensation or other relief for an actual or alleged physical occupation, invasion, or use of property by the city. • Special assessments. Litigation that seeks only reduction or invalidation of a special assessment. • Negligent inspection. Litigation that seeks only compensation for damages based on the city's actual or alleged negligent inspection or enforcement of the state building code or the state plumbing, electrical, fire, or similar state codes. • Contractual obligations. Litigation that seeks only amounts owed pursuant to the explicit terms of any contractual obligation, including but not limited to any city debt obligations. • Ordinary land use enforcement. Litigation which was initiated by the city to enforce a land use regulation, and which does not involve a challenge to the constitutionality or interpretation of the regulation. • Criminal prosecution. Criminal prosecutions by the city. • Other covered parties. Litigation brought by LMCIT or the city against any other covered party. • City bankruptcy. Litigation that arises from or is related to the actual, pending, or threatened bankruptcy of the city. • Pollution. Litigation that makes only a pollution claim. The land use and special risk litigation coverage applies to the following types of litigation costs. 79