The city of Black Jack has agreed to pay $28,000 to settle a lawsuit. The suit was brought by an unmarried couple denied an occupancy permit because they didn't fit the city's original definition of a family.
The American Civil Liberties Union of Eastern Missouri filed a lawsuit in August on behalf of Olivia Shelltrack and Fondray Loving.
The city had said Shelltrack and Loving were in violation of the city's ordinance because they had three children, including two of Loving's biological children and Shelltrack's oldest child.
The ordinance in place at the time didn't allow three unrelated people to live together, although it did allow unmarried couples to live together.
In announcing the settlement, the city agreed to pay Shelltrack and Loving $5,500 each, plus $1,000 for each of their three children. Their attorneys will receive $14,000.
After trying and failing last May, the city council unanimously adopted a new ordinance in September redefining what constitutes a "family." City officials said this resolved the situation.
The council also amended its housing code in August to include the same definition contained in the city's zoning code.
Black Jack Mayor Norm McCourt said last year that the ordinance change had nothing to do with the lawsuit. The city had considered changing the ordinance before the suit was filed, he said.
McCourt also said last week that the city settled the case to limit lengthy and costly litigation and move on. The settlement was announced at the Feb. 20 council meeting.
"The settlement of this case eliminated the need to incur significant time and expense on a litigation matter which has limited usefulness in light of the amended ordinance," he added in a statement.
Neither Shelltrack nor Loving could be reached for comment.
Reach Brian Flinchpaugh at bflinchpaugh@yourjournal.com.
