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Claim, Suit, Hillcrest AssociatIN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUN~i~YS(T HILLCREST ASSOCIATES Fed. I.D. #36-2758500 Plaintiff, VS. CITY OF DLrBUQUE, Defendant. ~ C~) No. 01311 ORIGINAL NOTICE TO THE ABOVE NAMED DEFENDANT: Youarenotifiedthatapetitionhasbeenfiledonthe ]2-;_dayof ,~""/ , 200~ in the Office of the Clerk of this Court, naming you as the Defendant in this~"action. A copy of the petition (and any documents filed with it) is attached to this notice. The attorney for the Plaintiffis Jeunifer A. Clemens-Cordon, Reynolds & Kenline, L.L.P., whose address is 222 Fischer Building, P.O. Box 239, Dubuque, IA 52004-0239. That attorney's phone number 319-556-8000; facsimile number 319-556-8009. You must serve a motion or answer witkin 20 days after service of this Original Notice upon you, and, within a reasonable time thereafter, file your motion or answer, with the Clerk of Court for Dubuque County, at the County Courthouse in Dubuque, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the Petition. If you require the assistance of auxiliary aids or services ro participate in court because of a disability, immediately call your ADA coordinator ar (319) 589-4448. (If you are hearing impaired, call Relay Iowa TTY ar 1-800-735-2942.) ,~.% ~( . 5< CLEP OF COURT Dubuque County Courthouse ,v ,- t~..,~ Dubuque, IA 52001 (SEAL) IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTEP,~STS. S:\WPS\CHARLENEkHillcrest Associates, LP\orig-nofice&cover-sheet.frm © IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUN~ HILLCREST ASSOCIATES Fed. I.D. #36~2758500 Plaintiff, Defendant. No. 01311 LA CV052582 VS. CITY OF DUBUQUE, PETITION AT LAW COMES NOW the Plaintiff and for claim against Defendant, states to the Court as follows: 1. Plaintiff, Hitlcrest Associates is and was ar all times material hereto a Limited Parmership doing bus/ness in Dubuque County, Iowa. municipality. Defendant, City of Dubuque, is and was at all times material hereto a 3. Hiltcrest Associates, at all times relevant hereto, owned and managed an apartment complex entitled Hillcrest Aparrmems, which is located at 3290 Hillcrest Road, Dubuque, Dubuque County, Iowa 52001. 4. At all times relevant hereto, the above-named Defendant, City of Dubuque, was the owner of certain real property described in part as John F. Kennedy Road in the City of Dubuque, County of Dubuque, State of Iowa. 5. Plaintiff's real property is immediately adjacent to Defendant's real property. 6. On or about September 27, 2000, there existed on and under Defendant's property sewer lines which, in part, provide drainage to Plaintiff's property. 7. The above-described sewer lines extend under and through Plaintiff's property. 8. The sewer lines on or under Defendant's property were in a poor state of repair and were broken in at least one location. 9. On or about September 27, 2000, ar approximately [0:30 P.M., the City sewer lines, which are located on or under John F. Kennedy Road in the City of Dubuque and which service Plaintiff's property, became blocked and/or damaged. 10. The sewer lines referred to in paragraph 9 above are owned, controlled and maintained by the City of Dubuque and are located on property owned by the City of Dubuque 1 I. The Dubuque City-owned sewer lines then backed up through the connecting sewer lines and flooded Hillcrest Apartment Nos. 1 and 2, at 3256 Hillcrest Road, and Aparrmem Nos. 11 and 12, at 3250 l-Iillcrest Road, Dubuque, Dubuque County, Iowa, with raw sewage. 12. The sewage from Defendant's sewage system backed up through the cormecting sewer pipe and then into the apartments of Plaintiff, destroying and damaging the personal property of both the Plaintiff and Plaintifl's ~enanrs. 13. The system owned and operated by Defendant did not serve the purpose for wbJch ir was intended. 14. Defendant, City of Dubuque, in violation of its duty, the duty which it owed to all property owners in the area, and particularly to Plaintiff, carelessly and negligently constructed and maintained said sewer pipes in that they failed to protect same from blockage and/or damage. 15. Defendant knew, or by its exercise of reasonable care, should have known that the sewer line would be or had become blocked and/or damaged. 16. Defendant had reasonable opportunity m correct or warn of the defective condition and did not do so. 17. Defendant's actions and conduct were a proximate cause of Plaintiff's damages in one or more of the following particulars: Breach of express warranty; b. Breach of implied warranty; c. Breach of implied warranty of fitness for a particular use; d. Failure to correct or warn of a dangerous condition; e. Failure to use ordinary care to construct and maintain the sewer system; f. Negligence; and g. Breach of contract, 18. As a result of Defendant's conduct, Plaintiff has incurred expense for the repmr and replacement of the damaged property, relocation of Plaintiffs tenants, and costs of reimbm-semem to Plaintiff's tenants for their damages. 19. Plaintiff filed a claim against Defendant on October 2, 2000 for damages caused by the acts of Defendant, as alleged above. Defendant has denied payment ofPIa/ntiffs clmm in ~11. 20. As a result of Defendant's actions, Plaintiffhas sustained damages which damages exceed the jurisdictional requirements as set forth in Rule 3 of the Iowa Rules of Civil Procedure. WHEREFORE, Pla'mfiffprays for Judgment against Defendant for compensatory damages in a fair and reasonable amoum, plus interest as provided by law, court costs, attorney's fees and for all other relief to which it is entitled. Respectfully submitted. HILLCREST ASSOCIATES, Plaintfiff 222 Fischer Building P.O. Box 239 Dubuque, IA 52004-0239 Tel: (319) 556 5800 Fax: (319) 556-8009 P.O. Bp~ 39 Dubuque, ~ 52004-0239 Tel: (319) 556-8000 F~: (3t9) 556-8009 S :\WP 8\CHAP.~LENEXHillcrest Associates, LP\petition,wpd IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY HILLCREST ASSOCIATES Fed. I.D. #36-2758500 VS. CITY OF DUBUQUE, Plaintiff, Defendant. No. 01311 LACV052582 JURY DEMAND COMES NOW the Plaintiff in the above-captioned matter and hereby demands a trial by jury of all issues so triable/n the above case. HILLCREST ASSOCIATES, Plaintiff Jennifer A. Clemens-Conlon #000013606 REYNOLDS & KENLINE, LLP 222 Fischer Building P.O.Box 239 Dubuque, IA 52004-0239 Tel: (319) 556-8000 Fax: (319) 556-8009