Commission tables Keene v. City settlement offer after attorneys urge more review

The commission considered a revised settlement offer in the Keene v. City matter during its Aug. 10 meeting. Kevin Keane, who presented his second revised proposal during public comment, asked the commission to consider terms that would resolve environmental compliance issues and preserve certain rights for the current leaseholder.

Keane said the settlement "gives the commission an opportunity to resolve the case without further litigation, motion practice, public expense, and delay," and asked commissioners to state on the record whether they had personally read the proposal. City attorney Miss Hedges outlined the procedural history — earlier motions to dismiss were granted without prejudice and the plaintiff retains the ability to refile within the judge’s timeline — and recommended the commission give staff time to review the latest draft.

Commissioners expressed concern about overlapping state agency matters (DEP, possible floodplain issues and other outstanding requirements) and asked for legal and technical briefings before acting. The commission voted to table consideration of the settlement and instructed the city attorney to coordinate a date that ensures parties can act within the court timetable.