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Claim by John WhiteIN THE IOWA DISTRICT IN AND FOR DUBUQUE COUNTY JOHN WHITE, Plaintiff, vs. CITY OF DUBUQUE, Defendants. Case No. 01311EqCV097295 ORIGINAL NOTICE TO THE DEFENDANTS: YOU ARE HEREBY NOTIFIED that there is now on file in the office of the Clerk of District Court for the State of Iowa in and for Dubuque County a Petition to Enjoin Condemnation Proceedings in this action, a copy of which is attached hereto. The Petitioner's attorney is Christopher M. Soppe of Blair & Fitzsimmons, P.C., 850 White Street, Dubuque, Iowa 52001. YOU ARE FURTHER NOTIFIED that unless within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter, file a written special appearance, motion, or answer, in the Iowa District Court for Dubuque County, at the County Courthouse in Dubuque, Iowa, judgement by default will be rendered against you for the relief demanded in the Petition. CLERK OF COURT Dubuque County Courthouse 720 Central Avenue Dubuque, IA 52001 By: ~, ~ ~ , - ~_:y Clerk/Deputy Clerk NOTE: The attorney who is expected to represent the Respondent should be advised promptly of the service of this Notice. If you require the assistance of auxiliary aids or services to participate in Court because of a disability, immediately call your district ADA coordinator at (563) 589-4448. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942) IN THE IOWA DISTRICT IN AND FOR DUBUQUE COUNTY JOHN WHITE, ~ DOB 07-15-1952 ~ Plaintiff, ~ vs. CITY OF DUBUQUE, Defendants. Case No. 01311~CCVC~~i2~~ ~~, _~ _ _. = -' ~..~ c <=~ "~ r ;~= _ ~ PETITION TO ENJOIN CONDEMNATION PROCEEDINGS COMES NOW, Plaintiff, by and through his attorney, Christopher M. Soppe, and hereby states in support of his Petition: 1. The subject of the above-captioned dispute is a residence located at 409 Burch Street, Dubuque, Iowa, legally described as: Lot 4 in Geo. B. Burch's Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof; and owned by the Plaintiff. 2. In October of 2007, the City of Dubuque determined that 409 Burch Street was a public nuisance. That on April 7, 2008 the City Council adopted a resolution authorizing the commencement of eminent domain proceedings to acquire 409 Burch Street. 3. That based on the knowledge of the Plaintiff, the City of Dubuque has not filed eminent domain proceedings to acquire 409 Burch as of this date. 4. The Plaintiff maintains that 409 Burch Street is not a public nuisance and Plaintiff is restoring the property in question. 5. On or about March 18, 2008, Jeanne F. Schneider, City of Dubuque Clerk mailed Notice of Intent to Approve Acquisition of Property by Eminent Domain to the Plaintiff. See attached exhibit "A". 6. The Notice of Intent to Approve Acquisition of Property by Eminent Domain stated that the Plaintiff had certain rights including: a. The right to attend the City Council meeting on April 7, 2008 and to voice objection to the proposed acquisition of the property. b. The right to "[p]articipate in good faith negotiations with the acquiring agency before the acquiring agency begins condemnation proceedings. (Iowa Code §6B.3(1)." 7. Plaintiff was not given an opportunity to voice his objection to the proposed acquisition of the property at the City Council meeting on Apri17, 2008. 8. Plaintiff had an appraisal completed by Jack Felderman with Felderman Appraisals. This appraisal stated that the value is between $134,000.00 and $176,000.00. 9. The City of Dubuque only offered Plaintiff $34,000.00 for the property. 10. The City must make good faith negotiatioris with the Plaintiff before beginning condemnation proceedings. 11. On October ~, 2007, there was a City Council meeting to determine if 409 Burch Street was a public nuisance. 12. Plaintiff did not have represented for the City Council meeting. Plaintiff had contacted attorney Stuart G. Hoover to represent him at the City Council meeting but NIr. Hoover had a scheduling conflict. Mr. Hoover wrote a letter to attorney Barry Lindalh, counsel for the City of Dubuque, requesting that the issue of 409 Burch being a public nuisance be set for a different City Council meeting. 13. The public nuisance issue was not re-set to a different City Council meeting and Plaintiff was unable to have legal counsel represent him at the City Council meeting that found 409 Burch Street to be a public nuisance. 14. The City of Dubuque has violated the Plaintiff's rights during this process by: a. Not ailowin Plaintiff to have legal counsel at the City Counsel meeting of October ~_, 2007; b. not allowing Plaintiff to voice his objection at the April 7, 2008 City Counsel meeting; c. failing to make good faith negotiations with the Plaintiff. 1 ~. The City of Dubuque has not given Plaintiff an opportunity to be heard and represented by legal counsel and has no power to condemn the property and the proceedings are wholly void. 16. Plaintiff has no adequate or complete remedy at law and the continuance or completion of the proceedings will cause Plaintiff irreparable damages. WHEREFORE, the Plaintiff prays the Court declare the Defendant is without power to institute, prosecute or consummate the condemnation; that it be enjoined from so doing, or from taking possession of Plaintiff's premises; and for such other relief as maybe equitable, and for judgment against Defendant for costs. JOHN WHITE, Plaintiff v~~ ~ ~Y_ By: Christopher . Soppe AT BLAIR AND FITZSIMM~ 850 White Street 7496 3, P.C. Dubuque, Iowa 52001 Phone: (563) 588-1970 Fax: (563)556-4033 ATTORNEY FOR PLAINTIFF I, John White, being first duly sworn on oath, depose and say that I am the Petitioner in the above-entitled matter; that I have read the same, know the contents thereof; and that the statements contained therein are true as I verily believe. ,~ ~~' ~~ >~ Jo ite, Petitioner STATE OF IOWA ) ss. DUBUQUE COUNTY ) On this I1 ~~ day of ~ ~ , A.D., 2008, before me, a Notary Public in and for the State of Iowa, personally appeared John White, to me known to be the person named in and who executed the foregoing Petition Enjoin Condemnation Proceedings acknowledged that he executed the same as his voluntary act and deed. Notary P~iic in ar~for the State of Iowa Commission ilu-;`~~; , , .. M Co mission E;~; ; a; ' ~-~~-n~z NOTICE OF INTENT TO APPROVE ACQUISITION OF P EMINENT DOMAIN ROPERTy gY To: .John White .. 435 Burch Street Dubuque, Iowa You. are hereb~r notifred that the Ci meef on the 7 day of ~' Council of the City of Dubuque, Iowa will Building, 350 West sth Sreet, DubugUe30o 'clock p.m. at the Historic F resolution, a ~ wa, to consider the adoptio o fral followin PY of which is aifached hereto, authorizing the City to acquire th g property by eminent domain: e . Lot 4 in Geo. B. Burch's Subdivision in the City of~Dub . -- according: to the recorded plat thereof, uclue, Iowa, You have the right to attend the meetin acquisition of the property. 9 and to voice gbjecfion to the Proposed Just as the law grants certain entities the right to-acquire ri the owner of property have certain rights. You have P vate ro e the right to: P P ~~ You as Receive just compensation for fhe taking of grope low Section 18) ~ rtY (. a Const. . ,Article t, Ah offer. to ~ Purchase which ma fair market value of the grope Y not be less than the lowest a m'- (Iowa Code ~ PPraisal of the §§ 68.45; 6B.54 a eceive a copy ~ the appraisal, if an a - cquiring agencys determination of 'ust ~ sisal is required, u "10 days before bein ~ mPensation is based not a ~s than (lowa~ Code §68:45) g contacted by the acquiring agency's a cquisition agent: When an appraisal is re appraiser of the acq .. qa ~ en' an opportunity to aceom an § 68.54 umng g ~, whd a P Y of least one PPraises your property, (Iowa Code Participate in good faith negotiations with the a acquiring agency begins condemnation proceedings uiQg agenc Y .before the !f you canno# agree on ( wa Code.§68.3(1)) determination of 'ust ~ a Purchase price with the a and the right to a mPensation by an impartial com squiring agency, a and 6B.18)~ PPeal its award to district court Pensation commission (Iowa Code §§ 68,4, 68.7, EXHIBIT i A review by the compensation commission of the necessity ~ for the condemnation if your property is agricuitural~ land being condemned for industry; (lows Code § 6B.4A) Payment of the agreed upon purchase price, or if condemned, a deposit of the compensation commission award before you are required to surrender possession of the property. (Iowa Code §§ 68:25, 68.54(11)) Reimbursement for expenses incidental to transferring title to the a uirin agency, (Jowa Code.§§ 66.33, 68.54(10)) ~ ~ . g Reimbursement of certain (ifiga6ori expenses: (1) if the award of th compensation:~comrnissioners exceeds 110 e final offer before condemnation anc (2) if th award ton a~Urnng agency`s more than the compensation commissioners award. (lows Co~§ gg.~ )rt is At least . 90 days written notice to vacate occupied property. (Iowa Code § 68.54(4)) Relocation services and payments, if you are eligible to receive them,. and' the right to appeal your eligibility for and amourrt of payments. ~ (Iowa Code § 31fi.9) The rights set out in this Notice are not claimed .to be a full and camplefe list or explanation of an owner's rights under the law. They are derived from Iowa Code Chapters 6A, 6B and 316. Far a more. thorough preserrtation of an owner's rights; you should refer directly to the Iowa Code or contact an attorney of your choice. Dated: March 18, 2008 Jeanne F. Schneider, CMC City Cleric IN THE IOWA DISTRICT 1N AND FOR DUBUQUE COUNTY JOHN WHITE, ) Plaintiff ) Case No. 01311 vs. ) CITY OF DUBUQUE, ) Defendants. ) AFFIDAVIT OF JOHN WHITE STATE OF IOWA ) )ss. DUBUQUE COUNTY ) I, John White, Plaintiff in the above-captioned action, being first duly sworn on oath depose and state that: I am they owner of certain real estate located at 409 Burch Street, Dubuque, Iowa. That City Counsel meeting was scheduled for October ~~ 2007, to determine whether 409 Burch Street was a public nuisance. My original attorney Joseph Bitter had recently passed away and I was attempting to hire attorney Stuart G. Hoover to represent me at the hearing. Mr. Hoover was unable to attend that hearing date and wrote a letter to attorney Barry Lindahl requesting that the hearing be set for a different City Counsel meeting. The hearing has not set for a different City Counsel hearing and I had to attend the City Counsel meeting without legal counsel and objected to the hearing and having to represent myself. I received a Notice of Intent to Approve Acquisition of Property by Eminent Domain from the City of Dubuque. The Notice was dated March 18, 2008. According to the Notice there was going to be a City Counsel meeting on April 7, 2008, to consider the adoption of resolution authorizing the City to acquire the property at 409 Burch Street. The Notice stated that I had the right to attend the hearing and to voice objection to the proposed acquisition of the property. I attended the City Council meeting on April 7, 2008, and I was never given an opportunity to voice my objection to the proposed acquisition of the property. Dated this ~ day of April, 2008. Subscribed and sworn to before me this ~~iay of April, 2008. Notary ~, o~..~cLa i _~ Commission N~ ,aW p Co mis on ~; ; ;, '