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Council approves $95,000 settlement in Robert Roberts LLC lawsuit after public criticism
Summary
The Athens City Council approved a $95,000 settlement to Robert Roberts LLC over a disputed animal shelter contract after the city attorney recommended settlement to avoid higher trial costs; public commenters criticized the city for settling and raised questions about transparency.
The Athens City Council voted to settle a pending Chancery Court lawsuit with Robert Roberts LLC for $95,000, payable to the plaintiff’s attorney, Timothy Gibbons of Chattanooga.
City Attorney (unnamed) told council that the case — filed in October 2023 — involves a contract dispute arising from work on the animal shelter and that due to transitions in city management and personnel the city faces additional risk and cost if the case goes to trial. “My recommendation is that the city council, as discussed in executive session, now put to vote a settlement in the amount of $95,000 payable to Robert Roberts through their attorney,” the city attorney said.
After discussion, the council voted with Council member John Dugan, Council member Jake Pelley, Vice Mayor Curtis and Mayor Larry Eaton supporting the settlement; Council member Charlene Sherlund voted no. The roll call recorded: Dugan Aye; Pelley Aye; Sherlund No; Vice Mayor Curtis Aye; Mayor Eaton Aye.
The motion followed public comment from Lynn Whiting, who criticized the city’s practice of settling lawsuits and said residents had been kept in the dark about the matter. “If the city was wrong, then why are we settling?…If you know what's wrong, it's wrong,” Whiting said during the citizens’ comment period. Another public commenter — Charlie Senn — addressed unrelated federal election legislation during the public-comment period.
Council members who supported the settlement framed the decision as a business judgment to avoid the higher costs and delays of litigation. Council member Merritt (speaker identified in transcript as supportive of settlement) said, “it can cost more to prove you were right,” and urged the city to “learn a lesson, we move on.”
The council did not discuss release language in detail on the public record; the city attorney said the payment would be handled through counsel and recommended the settlement as the most cost-effective outcome compared with continued litigation.
Ending: The council approved the settlement and directed staff and counsel to implement the agreement. The settlement closes the active litigation between the city and Robert Roberts LLC for the stated amount; any additional details of the settlement terms were not read into the minutes during the public portion of the meeting.
