4800 ASBURY ROAD DUBUQUE IA LLC and HYVEE INC. vs. City of Dubuque Board of Review Stipulation of SettlementCity of Dubuque
City Council Meeting
Consent Items # 05.
Copyrighted
September 6, 2022
ITEM TITLE: 4800 ASBURY ROAD DUBUQUE IA LLC and HYVEE INC. vs. City
of Dubuque Board of Review Stipulation of Settlement
SUMMARY: Senior Counsel providing a copy of the Stipulation of Settlement
regarding a tax assessment appeal filed by the Board of Review with the
Iowa District Court for Dubuque County regarding 4800 ASBURY
ROAD DUBUQUE IA LLC and HYVEE INC. vs. City of Dubuque
Board of Review.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description
Agenda Letter
Notice of Voluntary Settlement
Stipulation of Settlement
Affidavit of Service
Type
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Barry A. Lindahl, Esq.
Senior Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
(563) 583-4113 office
(563)583-1040 fax
balesq u,cityofdubuque�rg
Office Hours: 8:00 AM — 5:00 PM, T-W-Th
8:00 AM — 12:00 PM, F
Mayor and Members of the City Council
of the City of Dubuque
City Hall
50 West 13th Street
Dubuque, IA 52001
Chairperson of the
Dubuque County Board of Supervisors
Dubuque County Courthouse
720 Central Avenue
Dubuque, IA 52001
Chairperson of the School Board
Dubuque Community School District
Central Administration Offices
2300 Chaney Road
Dubuque, IA 52001
Chairperson of the Conference Board
of the City of Dubuque
City Hall
50 West 13th Street
Dubuque, IA 52001
THE CDubuque
JURaerica City
DUj!B9TE
a
II
Masterpiece on the Mississippi
2007.2012
2013.2017
August 9, 2022
President of the Board of Directors
Northeast Iowa Community College
P.O. Box 400
Calmar, IA 52132
Chairperson of the Board of Trustees
Dubuque County Hospital
Sunnycrest Manor
2375 Roosevelt Street
Dubuque, IA 52001
Chairperson of the Council of the
Dubuque County Agricultural Extension
Service
14858 West Ridge Lane, Suite 2
Dubuque, IA 52003
RE: 4800 ASBURY ROAD DUBUQUE IA LLC and HY-VEE INC. vs. City of
Dubuque Board of Review
Case Nos. EQCV109274, 112186 and 113527
Enclosed is a copy of the Stipulation of Settlement regarding a tax assessment appeal
filed by the Board of Review with the Iowa District Court for Dubuque County. Iowa Code
Sec. 441.44 requires that the Stipulation of Settlement be served upon each of you.
There is one property that is the subject of these appeals. The appeal is for the January
1, 2019, 2020, 2021 and 2022 assessed value.
Proposed Settlement
The parties have reached a proposed settlement agreement. The tentative settlement is
for an assessed value for January 1, 2019, 2020, 2021 and 2022 of $5,100,000.
Pursuant to the Stipulation of Settlement the appeals will be dismissed and the assessed
value will be adjusted to $5,100,000 for January 1, 2019, 2020, 2021 and 2022.
The value will be apportioned as follows:
Land Value: $1,656,900
Building Value: $3,443 100
Total Value: $5,100,000
The proposed settlement will be presented to the Iowa District Court after fourteen (14)
days from the date indicated on the attached Notice of Voluntary Settlement. If there are
any objections to the settlement they should be made known to the Iowa District Court
prior to that time. If you have any questions about the proposed settlement, please contact
City Assessor Troy Patzner at (563) 589-7800.
Very rely,
arry A. Lindahl, Esq.
Senior Counsel
Enclosure
cc: Michael C. Van Milligen, City Manager
Adrienne N. Breitfelder, City Clerk
Troy Patzner, City Assessor
2
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
4800 ASBURY ROAD DUBUQUE IA )
LLC and HY-VEE INC., )
Plaintiffs -Appellants, )
vs. ) Case Nos. EQCV109274, 112186
and 113527
CITY OF DUBUQUE BOARD OF )
REVIEW, )
Defendant -Appellee. )
NOTICE OF VOLUNTARY SETTLEMENT
TO: City of Dubuque, Iowa
County of Dubuque, Iowa
Dubuque Community School District
Northeast Iowa Community College
Dubuque County Hospital
Dubuque County Agricultural Extension Service
Conference Board of the City of Dubuque
YOU ARE HEREBY NOTIFIED, pursuant to Iowa Code Section 441.44
that the above -named Plaintiffs and the Dubuque City Board of Review,
Defendant, have entered into a voluntary settlement of these property
assessment appeals.
A copy of the proposed Stipulation of Settlement is attached hereto.
This Stipulation of Settlement will be presented to the above -named Court
for approval after fourteen (14) daysfromthe date of this Notice.
r-
Dated this q k- day of UCW<'- T` , 2022.
City of Dubuque Board of Review,
Defendant
By I "
B ry A. Lindahl, Esq.
S nior Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, IA 52001-6944
(563) 583-4113
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
4800 ASBURY ROAD DUBUQUE IA )
LLC and HY-VEE INC., )
Plaintiffs -Appellants, )
)
vs. ) Case Nos. EQCV109274, 112186
and 113527
)
CITY OF DUBUQUE BOARD OF )
REVIEW, )
Defendant -Appellee. )
STIPULATION OF SETTLEMENT
Plaintiffs and Defendant state to the Court that the
regard to the tax assessment for the following -described
1, 2019, 2020, 2021, and 2022:
(Parcel No. 1017476005)
has been settled and agreed upon as follows:
Valuation:
Land Value: $1,656,900
Building Value: $3,443 100
Total Value: $5,100,000
pending litigation with
property as of January
It is further agreed that the Valuation of $5,100,000 shall be effective for
January 1, 2019, 2020, 2021, and 2022.
It is further agreed that upon entry of a Court Order confirming the above
settlement, the above pending litigation shall be dismissed with prejudice and the
costs shall be paid by Plaintiffs.
Dated this 2'7f"O'day of 2022.
4800 ASBURY ROAD DUBUQUE
IA LLC and HY-VEE INC.
By: �) rm e -4
t Marshall, Esq.
LANE & WATERiIMAN LLP
220 N. Main Street Suite 600
Davenport IA 52801
(563) 324-3246
CITY OF DUBUQUE BOARD OF
REVIEW -
0
lwk
B 7 A. Lindahl, Esq.
SU4te 330, Harbor View Place
300 Main Street
Dubuque, IA 52001-6944
(563) 583-4113
Attorney for Plaintiffs Counsel for the City of Dubuque
Board of Review
2
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
4800 ASBURY ROAD DUBUQUE IA ) Case Nos. EQCV109274
LLC and HY-VEE INC., ) EQCV112186
EQCV113527
Plaintiffs -Appellants, )
vs. )
CITY OF DUBUQUE BOARD OF )
REVIEW, )
)
Defendant -Appellee. )
AFFIDAVIT OF SERVICE
State of Iowa, Dubuque County.
The undersigned, after being duly sworn upon oath, states that a true and
accurate copy of the attached Notice of Voluntary Settlement and Stipulation of
Settlement was mailed to the following people and at the following addresses by
ordinary mail on the 9th day of Au ust, 2022:
Mayor of the City of Dubuque
City Hall
13th & Central Avenue
Dubuque, IA 52001
Chairperson of the
Dubuque County Board of Supervisors
Dubuque County Courthouse
720 Central Avenue
Dubuque, IA 52001
Chairperson of the School Board
Dubuque Community School District
Central Administration Offices
2300 Chaney Road
Dubuque, IA 52001
Chairperson of the Conference Board
of the City of Dubuque
City Hall
13th & Central
Dubuque, IA 52001
President of the Board of Directors
Northeast Iowa Community College
P.O. Box 400
Calmar, IA 52132
Chairperson of the Board of Trustees
Dubuque County Hospital
Sunnycrest Manor
2375 Roosevelt Street
Dubuque, IA 52001
Chairperson of the Council of the
Dubuque County Agricultural Extension
Service
14742 Hwy. 20 West, Suite 2
Dubuque, IA 52003
Barry �. Lindahl, Esq.
Senior.Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, IA 52001-6944
(563) 583-4113
Subscribed and sworn to before me this _�_ day of &OWV 2022.
.31
F,.: Ndta Public State of Iowa
-�s� JENNIFER M. MESSERICH rY ,
. Commiss on Num er 7 3874
My Comm. Exp. �,