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Constitutional Law

: Meeting the Sin Laws

Going once, going twice ... sold!!!

By C.S. Wiggins

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"His topless nightclub was only open for a few days, but a businessman in Pasadena is walking away with a $1.5 million tip from the city to shut it down, and turn the property over for re-use, it was reported Saturday," reports CBS News here. You can read a detailed story here, courtesy of the Pasadena-Star News. The city is paying about $5 million for the club. A preview:

"We recognized this was going to be a pretty long and drawn- out litigation," said Deputy City Attorney Javan Rad, adding that it was a good value for the city because it staved off further litigation from Hakopyan and brought a valuable property into the city's possession.
The settlement figure was a "blended amount" that included the property value and litigation settlement, Rad said.

In a good settlement, both sides feel as though "they got a little screwed on the deal." At least that's what I've been taught (and experienced). No, when I represent clients, I don't shoot for the angst compromise. I just know that settlements, as opposed to judgments, necessarily involve some give with the take. Sidebar: The Art of Negotiation.

From reading this article, both sides are happy with the negotiated settlement. And who can blame them. The city would have spent an inordinate amount of time and money litigating with the strip club over an uncertain outcome. The same goes for the club. Under the settlement, the city and the club gain valuable property; that is, both have found economic and intrinsic benefit from deciding their fate, rather than letting a crew of judges do that for them.

Full post as published by Meeting the Sin Laws on July 01, 2007 (boomark / email).