Agri Petition on AppealIN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY
AGRI INDUSTRIES aJk/a AMERICAN
GRAIN AND RELATED INDUSTRIES
Plaintiff,
VS.
DUBUQUE COUNTY SHERIFF, CITY OF
DUBUQUE, THE ASPERMONT
COMPANY, CROMPTON CORPORATION,
R.E. LEWIS REFRIGERATION, INC., THE
BREWERY, AMERICAN TRUST &
SAVINGS BANK, THE PLASTIC CENTER,
INC. D/B/A THE FISCHER COMPANIES,
JOSEPH HLrBER BREWING CO., INC.,
GLENSHAW GLASS COMPANY AND
HILLSBORO GLASS COMPANY,
SDI/SCREENPRINT DESIGN, FRED
EINSTEIN D/B/A 21sT CENTURY BRANDS,
DUBUQUE COUNTY BOARD OF
SUPERVISORS, DURRANT ENGINEERS,
INC~, SPECIALIZED CONCRETE
SYSTEMS CO.,
Defendants.
CIVIL NO. CVCV092537
PETITION ON APPEAL FROM
CONDEMNATION AWARD
Plaintiff AGRI Industries a/k/a American Grain and Related Industries, for its
cause of action on appeal against Defendants, states:
1. On April 20, 2001, Defendant City of Dubuque started condemnation
proceedings to appropriate and take real property owned by AGRI, which application for
condemnation, with the legal description for the property involved, is attached as Exhibit
A to the Notice of Appeal filed in this matter on July 26, 2001, and incorporated herein
by this reference.
2. The Application for Condemnation provided the City of Dubuque was
taking the property for the use of the Ice Harbor Urban Renewal Project.
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3. The other named Defendants in this matter were identified in the
Application for Condemnation as titleholders, lienholders, encumbrancers or
leaseholders.
4.
On June 26, 2001, the Compensation Commission made an appraisal and
award of damages for the City of Dubuque's taking of this property and filed a Notice of
Appraisement of Damages and Time for Appeal with the Dubuque County Sheriff. The
Commission rendered a total award of $2,107,608 for the taking of the property.
5. The Notice of Appraisement of Damages and Time for Appeal is attained
as Exhibit B to the Notice of Appeal filed in this matter on July 26, 2001, and
incorporated herein by this reference.
6. AGRI has properly perfected its appeal from the Notice of Appraisement
of Damages and Time for Appeal pursuant to Iowa Code Sections 6B. 18 and. 19.
7. The condemnation award is inadequate and fails to sufficiently measure
the damages incurred as a result of this condemnation.
WHEREFORE, Plaintiff AGRI Industries aA/a American Grain and Related
Industries appeals from the Notice of Appraisement of Damages and prays that the
damages be increased at least to $2,643,608, and for attorney fees and costs incurred in
prosecuting this a?peal, together with interest as provided by law.
NYEMASTER, GOODE~ VOIGTS,
WEST, HANSELL & O'BRIEN, P.C.
700 Walnut Street, Suite 1600
Des Moines, IA 50309-3899
Telephone: (515) 283-8003
Fax: (515) 283-8045
ATTORNEYS FOR AGRI INDUSTRIES
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a Irue copy of the foregoing insmanent was served upon one
of the attorneys of record for each party to the above-entitled cause by enclosing the same in an envelope
addressed to each such attorney at his/her last known address as shown below, wi~ postage fully paid, and
by depositing said envelope in a United States Post Office deposition the~Augnst, 2001.
Dubuque County Sheriff
c/o Leo Kennedy
8th & Central Avenue
Dubuque, Iowa 52001
City of Dubuque
c/o Barry Lindahl
196 Dubuque Building
Dubuque, Iowa 52001
City of Dubuque
c/o Jeanne Schneider
city Hall
50 W. 13t~ Street
Dubuque, IA 52001
The Aspermont Company
c/o John Rhomberg
1008 Clark Crest Court
Dubuque, IA 52001
The Aspermont Company
c/o Michael Stapleton, Esq.
141 Pine Drive
East Dubuque, IA 51025
Crompton Corporation
c/o T. Ferguson, Esq.
Crompton Corporation
One American Lane
Greenwich, CT 06831
c/o Doug Meyer, Esq.
Ackley, Kopecky & Kingery, L.L.P.
4056 Glass Road NE
Cedar Rapids, IA 52402
R.E. Lewis Refrigeration, Inc.
c/o Tim Von Eaton
803 S. Lincoln
Creston, IA 50801
The Brewery
c/o John Niebler
N94 W17900 Appleton Avenue, Suite 200
Menomonee Falls, WI
American Trust & Savings Bank
c/o Jackie Mahoney
Ninth & Main Streets
Dubuque, IA 52001
The Plastic Center, Inc. d/b/a The
Fischer Companies
c/o Ron Helbing
290 Main Street
Dubuque, IA 52001
Joseph Huber Brewing Co., Inc.
c/o Steven Preston, Registered Agent
6t69 McKee Road
P.O. Box 44326
Madison, WI 53744-4326
Glenshaw Glass Company and Hillsboro
Glass Company
c/o Gary Quattro
3140 William Flynn Highway
Glenshaw, PA 15116
SDI/Screenprint Design
c/o Lindsay Lay
378 West 300 South
Salt Lake City, UT 84101
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Fred Einstein d/b/a 21st Century Brands
c/o Bruce Willey
3519 Center Point Road NE, Suite 200
Cedar Rapids, LA 52402
Dubuque County Board of Supervisors
c/o Jim Waller, Chairman
Dubuque County Courthouse
720 Central Avenue
Dubuque, IA 52001
Durrant Engineers, Inc.
c/o Secretary of State
Hoover Building
Des Moines, IA
Specialized Concrete Systems Co.
c/o Ron Blount
3314 Hwy. 6 Trail
Homestead, IA 52236-8500