Claim, Steve AlthoffIN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY
STEVEN ALTHOFF, et al., )
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Plaintiffs, )
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v. )
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THE CITY OF DUBUQUE, et al., )
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Defendants. )
No. 01311LACY052643
ORIGINAL NOTICE
TO:
The City of Dubuque
cio Terrance M. Duggan, Mayor
2428 Beacon Hill
Dubuque, Iowa 52003
Your are notified that a petition has been filed on the 12'" day of June, 2001, 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 attorneys for the
Plaintiffs are Stephen D. Davis, Cartel, Davis & King, 10 S. LaSalle Street, Suite 3400,
Chicago, Illinois 60603, telephone number 312/372-4142, facsimile number is 312/372-
6737 and David L Clemens, Reynolds & Kenline, L. LP., 222 Fischer Building, P.O. Box
239, Dubuque, IA 52004, telephone number is 563/556-8000, facsimile number is 5631556-
8009.
You must serve a motion or answer within 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 the Court of 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 to participate in court
because of a disability, immediately call your ADA coordinator at (563) 589-4448. (If you
are hearing impaired, call Relay Iowa TTY at 1-800-735-2942).
CLERK OF THE COURT
Dubuque County Courthouse '
(SEAL) Dubuque. IA 52001
IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT
YOUR INTERESTS.
IN THE DISTRICT COURT OF IOWA IN AND FOR DUBUQUE COUNTY
STEVEN ALTHOFF; MM&H
CORPORATION; GUY A. GARD;
ELLEN M. WILLIS; DAVID A.
WILLIS; and CLARK W. WOLFF,
Plaintiffs,
THE CITY OF DUBUQUE;
CONLON CONSTRUCTION
CO.; SCHNABEL FOUNDATION
COMPANY; BLACKHAWK
FOUNDATION COMPANY;
VEDI ASSOCIATES, INC.;
MAXIM TECHNOLOGIES, INC.;
HARBOR VIEW DEVELOPMENT,
L.L.C.; and ALLEN AND URBAIN
ARCHITECTS AND CONSTRUCTION
MANAGERS, INC.
Defendants.
Law No. L~-C VO %~.b ~3
) Complaint at Law
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) PLAINTIFFS DEMAND TRIAL~_Y ~
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Plaintiffs, Steven Althoff, MM&H Corporation, Guy A. O~rd, Ellen M. Willis, David A.
Willis and Clark W. Wolff, by their attorneys and for their Complaint against defendants, the
City of Dubuque, Conlon Construction Company Co., Schnabel Foundation Company,
Blackhawk Foundation Company, Vedi Associates, Inc., Maxim Technologies, Inc., Harbor
View Development, L.L.C. and Alien and Urbain Architects and Construction Managers, Inc.,
state as follows:
Steven Althoff ("Althoff') owns the property which is located at 342 Main Street,
Dubuque, Iowa, conunonly known as the German Bank building. The building is over 100 years
old and is on the National Register of Historic Places. MM&H Corporation owns and operates
the Silver Dollar Cantina at that location.
2. Guy Gard ("Gard") owns the building which is located at 356 Main Street,
Dubuque, Iowa. It is immediately north of and contiguous with the German Bank building.
Several businesses, including one known as Corporate Express, operate from ttiii location.
3. Ellen M. Willis and David A. Willis (the "Willises") own the property located at
372 Main Street, Dubuque, Iowa, where Ellen operates Ellen's Flower Gallery. The Willises'
buikt~ng is immediately north of and contiguous with Gard's building.
4. Clark W. Wolff ("Wolff") owns the building located at 378 Main Street,
Dubuque, Iowa, where a restaurant known as The Monte Carlo is operated. Wolff's building is
immediately north of and contiguous with the Willises' building. All of the plaintiffs' buildings
are in a National Historic District.
5. This case involves the development of property adjoining the plaintiffs' property
and the consequent damage to the plaintiffs' property and disruption of their businesses.
6. The City of Dubuque (the "City~) is in the process of developing a multi-story
parking garage immediately east of the plaintiffs' property. The City contracted with Cordon
Construction Co. ("Conlon") to construct the parking ramp. Conlon in turn subcontracted out
portions of the work.
7. On or about June 11, 2000, a subcontractor began the demolition of the building
contiguous with the German Bank building, which was owned by the City. The City and its
contractors left a free stmlcling portion ora wall to remain, despite warnings that it should not
have been left as it was. On September 11, 2000, the free standing wail fell, causing severe
damage m a portion of the south wall of the German Bank building.
8. Harbor View Development, L.L.C. (''Harbor View") and Allen and Urbain
Architects and Construction Managers, Inc. ("Allen and Urbain") are also presently developing
the property to the south of the plaintiffs' property, including a new Chamber of Commerce
building at the northeast comer of Third and Main streets. Their work has included soil
excavation and compaction, and foundation and concrete work, on property to the south of
plaintiff's property.
9. On or about September 15, 2000, a subcontractor under the City's and Conlon's
direction and control began removing an old quarry stone retaining wall that existed on the east
side of plaintiffs' property.
10. Schnabel Foundation Company ("Schnabel") then, under the direction and control
of the City and Cordon, began installation of a new earth retention system where the old retaining
wall formerly existed. The first phase involved the installation of steel "H" piles. These were
installed in October 2000 using a percussion hammer.
11. On or about October 30, 2000, Althoff noticed that a large crock developed on the
west wall of the German Bank building. He notified the City.
t2. The next phase of the construction of the new earth retention system involved the
installation of'~ieback anchors." These are long, steel rods installed in the soil at a shallow
angle toward, and under, the plaintiffs' buildings. They were installed using a percussion drill on
November 2 and 3, 2000.
13. The owners of three of the plaintiffs' buildings granted the City easements to
install the tieback anchom under the'tr property, in reliance on the false representation by the City
that all who were requested to sign easements had signed them. Althoff, however, never granted
the City an easement to install the tieback anchors under his property. He later learned that the
City and its contractors installed the tieback anchors under his property anyway.
14. Beginning in early December 2000, and continuing through mid-January 2001,
Blackhawk Foundation Company ("Blackhawk"), under the direction and control of the City,
Conlon a~d Maxim Technologies, Inc. ("Maxim"), the City's consultant, and in accordance with
plans and specifications provided by Vedi Associates, Inc. ("Vedi"), the City's architects,
installed over 200 "augercast piles" for the construction of the parking ramp. This process
involved drilllng holes to accommodate the piles, which are approximately 18 inches in diameter
and 50 feet deep, backfilling the holes with grout, and setting the piles in the grout.
15. During the drilling work, the City, Conlon, Blackhawk and Maxim became aware
of problems with the work. For example, they encountered "sandy soils," much more grout was
injected in the holes than was expected, and the grout migrated from one hole to another.
Despite these problems, and despite plaintiffs' request that they cease and desist, they continued
to drill.
16. Because of soil conditions of which the City, its architects and contractors knew
or should have known, and because of their negligence in performing the work, the augereast
drilling caused disturbance of the soil beneath the plaintiffs' buildings, which caused the
buildings to
17. On or about January 1 I, 2001, workers in several of the plaintiffs' buildings hea~rd
a loud noise. They then began to notice crocks forming in their buildings. The cracks have
continued to women with time.
18. The City was notified of the cracking. On or about January 17, 2001, the City
notified each of the plaintiffs that the rear portions of their structures were not safe. The City
ordered that the rear portions of their buildings not be occupied. This caused plaintiffs, and their
occupants, to cease or significantly curtail their business operations, at great loss to plaintiffs and
the other occupants of their buildings. The Silver Dollar Cantina and The Monte Carlo had to
completely shut down their businesses because their kitchens and bathrooms are in the rear of the
buildings. Ellen's Floral Gallery was able to operate on a limited basis from the front of the
store, but it was closed during the Valentine's Day holiday, its busiest time of the year. Gard has
lost many of the tenants of his building.
19. The City rescinded its order on or about March 15, 2001.
20. Harbor View and its contractors and the City and its contractors have been
performing soil excavation and compaction, and foundation and concrete work, on the property
immediately south of the German Bank building. In doing this work, the contmctom excavated
down along side the German Bank building and undermined its foundation, causing fiirther
damage to that building. In addition, the work has included extreme vibration and compaction of
the soil.
21. The work has caused severe disruption to plaintiffs' and their tenants' businesses.
In addition to the forced closings of the buildings, the City informed plaintiffs in August 2000
that the alley behind the buildings would be closed for 10 days, yet it is still closed.
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22. Ascertaining the full extent of the damage to the buildings, the impact on the
future life of the buildings and the repairs that will be necessary will require extensive
investigation.
COUNT I - LIABILITY WITHOUT FAULT:
PARKING RAMP CONSTRUCTION . ..
23. Plaintiffs reallege and incorporate by reference as though fully set forth the
allegations of Paragraphs 1 through 22 above.
24. The construction of the earth retention structure and the installation of the
augereast pilings involved the pounding, shaking and moving of the earth under and around the
plaintiffs' property. The City's and its contractors' construction activities employed forces which
extended their energy into the plaintiffs' premises, causing material injury and rendering the
plaintiffs' buildings uninhabitable.
25. The defendants' construction activities caused the subsistence of the soil under the
plaintiffs' buildings, caused the plaintiffs' buildings to settle and caused severe damage to the
plaintiffs' buildings.
26. As a result of the defendants' construction activities, the plaintiffs will be forced
to expend large sums to stabilize their buildings and repair the damage the defendants caused.
Plaintiffs have al~o been damaged due to the forced closing of their businesses.
WHEREFORE, the plaintiffs respectfully request tiffs Court to emer judgment in their
favor and against defendants, the City of Dubuque, Cordon Construction Co., Schnabel
Foundation Company and Blackhawk Foundation Company, and each of them, jointly and
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severally, for a sum in accordance with the proof, plus interest, to award costs, and to grant any
other relief this Court deems just.
COUNT II - NEGLIGENCE
PARKING RAMP CONSTRUCTION
27. Plaintiffs reallege and incorporate by reference as though fully set. forth the
allegations of Paragraphs 1 through 22 above.
28. In designing, constructing and supervising the earth retention structure and the
augercast pilings, defendants owed a duty of ordinary, care to prevent damage to the plaintiffs'
property and their businesses.
29. The defendants breached their duties by, among other things, falling to conduct
sufficient study of the subsurface soil conditions at the site; designing an improper earth retention
system and augercast pile installation procedure; installing the new earth retention system and
augercast pilings without exercising due care to see that the construction activities were not
causing harm to neighboring property; and failing to properly monitor the work and to stop the
work once problems were identified to mitigate the harm they were causing to the plaintiffs.
30. The defendants' negligence proximately caused the plaintiffs' damages. The
plaintiffs will be forced to expend large sums to stabilize their buildings and repair the damage
the defendants canseit. The plaintiffs have also been damaged due to the forced?closing of their
businesses.
WHEREFORE, the plaintiffs respectfully request this Court to enter judgment in their
favor and against defendants, the City of Dubuque, Cordon Construction Co., Schnabel
Foundation Company, Blackhawk Foundation Company, Vedi Associates, Inc. and Maxim
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Technologies, Inc., and each of them, jointly and severally, for a sum in accordance with the
proof, plus interest, to award costs, and to grant any other relief this Court deems just.
COUNT Iii - BREACH OF CONTRACT
PARKING RAMP CONSTRUCTION
31. plaintiffs, Guy A. &ard, Ellen M. Willis, David A. Willis and Clark W. Wolff,
reallege and incorporate by reference as though fully set forth herein the allegations of
Paragraphs 1 through 22 above.
32. Prior to the installation of the tiebacks described above, Gard, the Willises and
Wolff each executed a "Grant of Easement for Temporary Tiebacks."
33. By the terms of those agreements, the City agreed to indemnify the plaintiffs for
all losses caused by the City or its contractors, including attomeys fees.
34. The plaintiffs have repeatedly made demands upon the City to stabilize their
· buildings and repair the damage caused by the City and its contractors. The City has refused.
35. The plaintiffs have been damaged by the City's breach of its contracts in that the
plaintiffs have been forced to expend large sums to stabilize and repair their buildings, they have
lost profits asa result of the closure of their businesses, and they have been forced to incur costs,
including attomeys fees, to bring this action.
WHEREFORE, Gard, the Willises and Wolff respectfully request this Court to enter
judgment in their favor and against the City of Dubuque for a sum in accordance with the proof,
plus interest and attorneys' fees, to award costs, and to grant any other relief this Court deems
just.
COUNT IV - TRESPASS
PARKING RAMP CONSTRUCTION
36. Plaintiff, Steven Althoff, reatleges and incorporates by reference as though fully
set forth the allegations of Paragraphs 1 through 22 above.
37. During the installation of the new earth retention system, the CiW:and its
contractors installed tie backs onto Althoff's property.
38. The City had asked Althoffto sign an easement agreement for the installation of
the tiebacks on his property, but Althoffrefused.
39. The City and its contractors installed the tiebacks on Althoff's property knowing
that Althoffhad refused permission to do so.
40. The City and its contractors committed a trespass in installing the tiebacks on
Althoff's property.
4 t. The installation of the tiebacks onto Althoff's prope~t3r caused damage to his
property, the resulting damage will require repair and the trespass has lowered the value of his
property.
WHEREFORE, Althoffrespectfully requests this Court to enter judgment in his favor
and against defendants, the City of Dubuque, Coulon Construction Co. and Sehnabel Foundation
Company, and each of them, jointly and severally, for a sum in accordance with the proof, plus
interest, to award costs, and to grant any other relief this Court deems just.
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COUNT V - INVERSE CONDEMNATION
PARKING RAMP CONSTRUCTION
42. Plaintiffs reallege and incorporate by reference as though fully set forth herein
Paragraphs 1 through 22 above.
43. The City's development of its parking ramp and the entrance thereto caused
physical damage to plaintiffs' property and caused the closure of plaintiffs' buildings and
disruption of their businesses.
44. Pursuant to the doctrine of inverse condemnation, the City is required to pay for
the a~mage its development has caus_ed.
WHEREFORE, the pla[utiffs respectfully requests this Court to enter judgment in their
favor and against the City of Dubuque for a sum in accordance with the proof, plus interest, to
award costs, and to grant any other relief this Court deems just
COUNT VI - LIABILrrY WITHOUT FAULT
HARBOR VIEW'S DEVELOPMENT
45. Plaintiffs Althoffand M,M&H Corporation reallege and incorporate by reference
as though fully set forth the allegations of Paragraphs 1 through 22 above.
46. The soil excavation and compaction, and the foundation and concrete work,
employed forces which extended their energy into the German Bank building, causing.material
injury and rendering it uninhabitable.
47. As a result of the defendants' construction activities, the plaintiffs will be forced
to expend large sums to stabilize their buildings and repair the damage the defendants caused.
Plaintiffs have also been damaged due to the forced closing of their businesses.
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WHEREFORE, the plaintiffs respectfully request this Court to enter judgment in their
favor and against defendants, The City of Dubuque, Harbor View Development, L.L.C., and
Allen and Urbain Architects and Construction Managers, Inc., and each of them, jointly and
severally, for a sum in accordance with the proof, plus interest, to award costs, and to grant any
other relief this Court deems just.
COUNT VII - NEGLIGENCE
HARBOR VIEW'S DEVELOPMENT
48. Plaintiffs Althoffand MM&H Corporation reailege and incorporate by reference
as though fully set forth the allegations of Paragraphs 1 through 22 above.
49. In desiring, constructing and supervising the soil excavation and compacting,
and foundation and concrete work, immediately south of the G-ennan Bank building, defendants
owed a duty of ordinary care to prevent damage to the plaintiffs' property and their businesses.
50. The defendants breached their duties by, among other things, failing to exercise
proper care in their soil excavation compaction and foundation and concrete work, to prevent
further damage to the German Bank building, and failing to properly monitor the work and to
stop the work once problems were identified.
51. The defendantS' negligence proximately caused the plaintiffs' damages. The
plaintiffs will be ¥orced to expend large sums to stabilize their buildings and repair the damage
the defendants caused. The plaintiffs have also been damaged due to the forced closing of their
businesses.
WHEREFORE, the plaintiffs Althoff and MM&H Corporation respectfully request this
Court to enter judgment in their favor and against defendants, the City of Dubuque, Harbor View
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Development, L.L.C. and Allen and Urbain Architects and Construction Managers, Inc., and each
of them, jointly and severally, for a sum in accordance with the proof, plus interest, to award
costs, and to grant any other relief this Court deems just.
B~y ..~ (~e~oo ~ p~n-~j~, A/~o~o~ey s
Stephen D. Davis
William H. Jones
Cartel, Davis & King
10 South LaSalle Street, Suite 3400
Chicago, Illinois 60603
(312) 3724142 (phone)
0 12) 372-6737 (fax)
David L. Clemens
Reynolds & Keuiine, L.L.P.
Suite 222 Fischer Building
Dubuque, Iowa 52004-0239
(319) 556-8000 (phone)
(319) 556-8009 (fax)
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