Meade v. The City of Rockford

Parties reached settlement in personal injury case on the eve of trial, and trial date stricken. Plaintiff signed written settlement agreement drafted by City, but City Council voted to reject settlement agreement a few weeks later. Court denied Plaintiff's motion to enforce settlement agreement. Illinois Municipal Code does not exclude settlement of ongoing litigation from its requirement for "approval of all members holding office on city council for passage of any resolution to create liability against a city for expenditure of its money". City Ordinance for "consent of city council" for settlement of suits for more than $12,500 is not satisfied when all members of City Council Code and Regulation Committee extend their approval to City Attorney to make settlement offer in presence of judge during pretrial conference, when Committee members are present by phone. City Council members who gave approval to City Attorney during pretrial conference are not required to vote consistently with their previous authority when formal vote is taken at full Council meeting. Settlement agreement reached between a plaintiff and a municipal defendant during pretrial settlement conference is not enforceable against municipality notwithstanding City Council's subsequent vote to not approve this settlement. (HUDSON, concurring; McLAREN, dissenting.)