Timothy's House of Hope

Timothy's House of Hope, a community meal site, relocated to 1602 Washington St., Davenport.

One month after the city of Davenport reached a $15,000 settlement regarding the 27-day shutdown of Timothy's House of Hope, city officials have agreed how much it will pay the plaintiffs' attorney.

A notice of settlement filed Tuesday in U.S. District Court in the Southern District of Iowa shows the city has agreed to pay $18,500 to lawyer Mike Meloy.

Compassion Church, which operates Timothy's House of Hope as a ministry, and its pastors James Swope and Nick Cantwell, filed suit in federal court on Aug. 25 alleging "unauthorized acts under City Code, unconstitutional acts pursuant to the Iowa Constitution, the United States Constitution and violations of the Religious Land Use and Institutionalized Persons Act."

The city, 4th Ward Aldermen Ray Ambrose, 2nd Ward Alderman Maria Dickmann, and Senior Planning Manager Matt Flynn were named as defendants in the case.

Earlier in the year, the city issued a cease-and-desist order against the ministry, at 1602 Washington St., preventing it from serving breakfast on-site and requiring a change in zoning to offer the service.

The ministry had moved to the property from 1407 W. 4th St., which was zoned the same way, C-2, General Commercial District, but was not permitted to offer the same services initially.

In 2012, the city amended its zoning ordinance and grandfathered the West 4th Street property in. Otherwise, it would have required a zoning change to Planned Institutional District-Housing and Supportive Services.

The city changed its stance after City Attorney Tom Warner said the meal service offered fit normal church activities and was permissible under the current zoning.

On Oct. 31, the church accepted the city's offer to confess judgement and a $15,000 judgment was entered three days later. It did not include legal fees.

In two statements for services provided, Meloy itemized $30,490 worth of services from April 21 to Nov. 3.

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