The Selma City Council is looking to end a controversial lawsuit before it gets to trial.

The suit, filed by KTK Mining against the city of Selma, has dragged on for more than a year. It began in August 2012, when the Selma City Council voted to halt construction on a Nathan Bedford Forrest monument after questions were raised about who owned the property at the center of Old Live Oak Cemetery.

The monument was originally unveiled in 2000 at the city-owned Vaughan-Smitherman Museum. It was moved to Old Live Oak Cemetery after the monument was defaced with trash. Selma residents continued to protest it until March 2012, when the monument’s bust vanished. Construction to replace the stolen bust and construct a more secure display subsequently began, but was soon halted by the city council vote.

Friday, city council members met to discuss potential settlement options. KTK’s demands and itemized list of damages were outlined in an Oct. 22 letter sent to attorneys representing the city of Selma by KTK Mining’s attorney J. Wesley Kelly IV.

“The permit was suspended right away without allowing any opportunity to be heard,” Kelly said when called. “This was just something done by the city without any notice. He also certainly has a right to honor (Forrest) for the good things he has done.”

In reviewing a copy of the settlement demands, the itemized damages include $90,747.71 for expenses incurred leading up to the work stoppage, approximately $10,000 for an increase in labor costs, no less than $100,000 in compensatory damages for the deprivation of KTK’s constitutional rights, no less than $100,000 in punitive damages for deprivation of constitutional rights and more than $170,000 for attorneys’ fees and costs. The total cost of the suit could cost approximately $500,000.

KTK Mining is willing to waive expenses leading up to the stop work order if the city allows construction to continue. Without the expenses, the total cost would equal approximately $400,000.

The city has already paid $5,000 for the liability insurance’s deductible, but Selma may not have to pay for the entirely of the lawsuit, Ward 1 Selma City Councilman Cecil Williamson said. The city’s liability insurance may pick up a portion of the costs.

“If the city does something that is illegal, insurance would not pay for the cost of the lawsuit,” he said. “The city may prevail and not have to pay for anything.”

Regardless of cost estimates, Selma city attorney Jimmy Nunn said the settlement would require negotiation. Selma officials and KTK Mining would be put in separate rooms, Nunn said. A mediator would communicate between the two parties until a settlement is reached.

Currently, Selma Mayor George Evans and City Council President Corey Bowie are the only officials scheduled to attend a Nov. 8 settlement conference at the federal courthouse in Selma.

During Tuesday’s city council meeting, Williamson asked if all council members could attend.

“The mayor is not authorized to settle this suit,” Williamson said. “It takes a majority of the council.”

He continued, saying that if enough council members attended the conference the group could approve a settlement immediately. If not, settlement options would have to be brought back to the council at a later meeting date for approval.

But Williamson wasn’t the only one advocating for council members to attend.

Ward 7 Councilwoman Bennie Ruth Crenshaw said attending the conference would allow her to make a more informed decision, but disagreed a final decision should be made Nov. 8.

“I think whatever is proposed should be brought back for a full discussion,” Crenshaw said. “There may be council members who do not agree with what is proposed.”

After a lengthy discussion and a call to the city’s insurance attorney Rick Howard, Nunn said all council members would be allowed to attend.

In order to vote on a settlement, the council must have a quorum — 50 percent plus one additional council member. Five council members must be present at the settlement conference to conduct a vote. A simple majority is required to pass any measure.

If no deal is reached at the settlement conference, the lawsuit will continue to trial — set for February.