Hy-Vee, Inc. 2023 Property Tax Appeal Stipulation of Settlement NoticeCity of Dubuque
City Council
CONSENT ITEMS # 6.
Copyrighted
February 17, 2025
ITEM TITLE:
Hy-Vee, Inc. 2023 Property Tax Appeal Stipulation of
Settlement Notice
SUMMARY:
Senior Counsel transmitting notice of a Stipulation of
Settlement for a 2023 property tax appeal filed by Hy-Vee,
Inc. for their property located at Parcel No. 1017476005.
SUGGUESTED
Receive and File
DISPOSITION:
ATTACHMENTS:
1. Taxi ngBodiesLetter_AGENDA _signed
2. Stipulation of Settlement - Fully Executed
3. Notice of Voluntary Settlement _ signed
Page 98 of 797
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 a,cityofdubuque.org
Office Hours: 8:00 AM — 5:00 PM, T-W-Th
8:00 AM — 12:00 PM, F
THE CDubuque
*jAft C1
UUB%TE
I I '
2007 2012
Masterpiece on the Mississippi 2013.2017
AGENDA LETTER
February 6, 2025
Mayor and Members of the City Council President of the Board of Directors
of the City of Dubuque Northeast Iowa Community College
City Hall P.O. Box 400
50 West 13th Street Calmar, IA 52132
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
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: Hy-Vee, Inc. vs. City of Dubuque Board of Review
2023 Property Tax Appeal
District Court for Dubuque County Case No. EQCV114873
Enclosed is a copy of the Stipulation of Settlement regarding a tax assessment appeal
filed by Hy-Vee, Inc. with the District Court for Dubuque County. Iowa Code Sec. 441.44
requires that the Stipulation of Settlement be served upon each of you.
Page 99 of 797
There is one property that is the subject of this appeal. The property is located at 2395
Northwest Arterial, Dubuque, Iowa and is operated by Hy-Vee as a grocery store. The
appeal is for the January 1, 2023 assessed value.
The January 1, 2023 assessed value of the property was $6,081,400.00. Hy-Vee filed a
protest with the Board of Review claiming a value of $3,040,700. The Board did not
reduce the value of the property and Hy-Vee filed this appeal with the Iowa District Court.
Proposed Settlement
After appraisals were submitted by each party offers were made by each side to settle
the appeal. The parties have reached a proposed settlement agreement. The tentative
settlement is for an assessed value for January 1, 2023 and January 1, 2024 of
$5,750,000.00.
Pursuant to the Stipulation of Settlement the appeal will be dismissed and the assessed
value will be adjusted to $5,750,000.00 for 2023 and 2024.
The assessed value for 2023 and 2024 will be apportioned as follows:
Land $1,656,900.00
Building $4,093,100.00
Total $5,750,000.00
The proposed settlement will be presented to the Iowa District Court after fourteen (14)
days from the date indicated on the enclosed Notice of Voluntary Settlement. If there are
any objections to the proposed settlement they should be made known to the 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 s "rely,
Bal A. Lindahl, Esq.
Senior Counsel
Enclosures
cc: Michael C. Van Milligen, City Manager
Adrienne N. Breitfelder, City Clerk
Troy Patzner, City Assessor
K
Page 100 of 797
IN THE DISTRICT COURT FOR DUBUQUE COUNTY
HY-VEE, INC., )
}
Plaintiff -Appellant, )
vs. ) Case No. EQCV114873
CITY OF DUBUQUE BOARD OF }
REVIEW, }
}
Defendant -Appellee. }
STIPULATION OF SETTLEMENT
Plaintiff, Hy-Vee, Inc. and Defendant, Dubuque City Board of Review,
state to the Court that the pending litigation with regard to the tax assessment for
the following -described property as of January 1, 2023 and January 1, 2024:
(Parcel No. 1017476005)
has been settled and agreed upon as follows;
Valuation;
Land
Buildings
Total
$1,656,900.00
$4,093,100.00
$5,750,000.00
It is further agreed that the Valuation of $5,750,000.00 shall be effective
for 2023 and 2024.
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 5 day of6a&_A6eN, 2025
Page 101 of 797
HY-VEE, INC.
By
r- Aff"d
R. Marshall
Lane & Waterman, LLP
220 North Main Street,_ Suite 600
Davenport, IA 52801
Attorney for Plaintiff
CITY OF DUBUQUE BOARD OF
REVIEW
By:
Barry A. Lindahl, Esq.
Suite 330, Harbor View 220
300 Main Street
Dubuque, IA 52001
Counsel for the City of Dubuque
Board of Review
2
Page 102 of 797
IN THE DISTRICT COURT FOR DUBUQUE COUNTY
HY-VEE, INC.,
Plaintiff,
vs.
CITY OF DUBUQUE BOARD OF
REVIEW,
Defendant. )
Case No. EQCV114873
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 Plaintiff and the Dubuque City Board of Review,
Defendant, have entered into a voluntary settlement of this assessment appeal.
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 days from the date of this Notice.
Dated this It hk day of CO3n" "" ' / , 2025.
Dubuque City Board of Review,
Defendant
T
Barry A. Lindahl, Esq.
Senior Counsel
Suife 330, Harbor View Place
300 Main Street
Dubuque, IA 52001-6944
(563) 583-4113
Page 103 of 797