LOCAL REPORT Council approves settlement Posted by the _Asbury Park Press_ (http://www.app.com/) on 03/22/07 BY _CAROL GORGA WILLIAMS_ (mailto:[EMAIL PROTECTED]) STAFF WRITER LONG BRANCH — The City Council has approved a settlement with its insurance carrier, which had refused to provide coverage for an eminent-domain lawsuit filed by the Rev. Kevin Brown of 162 Broadway. Brown, who was joined in the action by Gopal Panday, owner of Rainbow Liquors, whose corporate name is Cottage Emporium, 141 Broadway, had sued the city to block the Broadway Arts Center project. When the city was named in the lawsuit, it applied to its insurance carrier, St. Paul Fire and Marine Insurance company, for coverage. But because the action involved the use of eminent domain, St. Paul declined coverage. The lawsuit was largely dismissed — one count remains — and St. Paul has now agreed to pay $17,685.28, which was the cost of the city's legal fees and expenses in the case. If Brown and the other plaintiffs pursue an appeal of the Dec. 19 summary judgment ruling, St. Paul will pay 25 percent of the fees and costs, according to the resolution passed by the council accepting the settlement. Brown said the resolution was flawed and discriminatory because it only identified him by name when in fact there were four individuals and six trade names identified as plaintiffs. "If this is not arbitrary and capricious and personally discriminatory against me, please add every single name," Brown said. The resolution was not amended.
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