Wal-Mart Tax Appeal, 4200 DodgeBarry A. I.indalll, Esq.
Corporation Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 5200t~944
(563) 58~4113 office
(563) 583-1040 fax
balesq@mwcLnet
December 12, 2002
Mayor of the City of Dubuque
City Hall
13th & Central Avenue
Dubuque, IA 52001
President of the Board of Directors
Northeast Iowa Community College
P.O. Box 400
Calmar, IA 52132
Chairperson of the
Dubuque County Board of Supervisors
Dubuque County Courthouse
720 Central Avenue
Dubuque, IA 52001
Chairperson of the Board of Trustees
Dubuque County Hospital
Sunnycrest Manor
2375 Roosevelt Street
Dubuque, IA 52001
Chairperson of the School Board
Dubuque Community School District
Central Administration Offices
2300 Chaney Road
Dubuque, IA 52001
Chairperson of the Council of the
Dubuque County Agricultural Extension
Service
14742 Hwy. 20 West, Suite 2
Dubuque, IA 52003
Chairperson of the Conference Board
of the City of Dubuque
City Hall
I & Central
Dubuque, IA 52001
RE:Wal-Mart Stores, Inc. Tax Appeal
Dear Chairpersons, Mayor and President:
Enclosed is a copy of'a Stipulation of Settlement of a tax assessment appeal, which is
required to be served upon each of you, pursuant to Iowa code Section 441.44.
The property that is the subject of this appeal is located at 4200 Dodge Street,
DubUque, Iowa, legally described as Lot 2, Wal-Mart Subdivision, Dubuque, Iowa, with
an assessed valuation of $10,180,570.00 as of January 1, 2001.
The Iowa Department of Revenue and Finance issued an Equalization Order which
increased the 2001 assessed value of the property by 18% for a total assessed value of
$12,013,070.00.
Wal-Mart filed a Protest against the Equalization Order with the Board of Review and
the Board of Review denied the Protest.
Wal-Mart then filed this appeal with the Iowa District Court for Dubuque County.
The property has now been appraised by four appraisers, two retained by the Board of
Review and two retained by Wal-Mart. The appraisers for the Board of Review using
the market approach to value determined the value of the property to be $9,453,000.00
and $8,000,000.00. The appraisers for Wal-Mart using the market approach to value
determined the value of the property to be $10,000,000.00 and $10,500,000.00.
Based upon appraisals by appraisal firms retained by both parties, the parties have
agreed on an assessed valuation of $10,180,570.00, which is the value of the property
prior to the Equalization Order.
The proposed settlement will be presented to the Court after fourteen days from the
date indicated on the attached 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
Rick Engelken at (563) 589-4416.
BAL/tls
Enclosure
CC;
Rick Engelken, City Assessor
Dubuque County Courthouse
720 Central Avenue
Dubuque, IA 52001
Paul D. Bums, Esq.
BRADLEY & RILEY P.C.
2007 First Avenue SE
PO Box 2804
Cedar Rapids, IA 52406-2804
2
bcc:
Michael Van M#ligen
City Manager
Pauline Joyce
Administrative Services Manager
Bob Felderman
FELDERMAN APPRAISALS
'1'170 Iowa Street
Dubuque, IA 5200'1
Fred H. Lock, MAI
SRPA
7'19 Midland Building
206 dh Avenue
Des Moines, IA 50309
3
IN THE DISTRICT COURT FOR DUBUQUE COUNTY
WAL-MART STORES, INC.,
Plaintiff-Appellant
CITY BOARD OF REVIEW
OF DUBUQUE, IOWA
Defendant-Appellee.
EQUITY NO. 01311 EQCV092758
STIPULATION OF SETTLEMENT
Appellant, Wal-Mart Stores, Inc. and Appellee, Board of Review of the City of
Dubuque, Iowa, state to the Court that the pending litigation with regard to the tax
assessment for the following-described property:
Lot 2, Wal-Mart Subdivision
Has been settled and agreed upon as follows:
Land $2,436,960.00
Building $7,743,610.00
Total $10,180,570.00
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 Court
costs shall be paid by the Appellant.
Dated this //1¢r dayof
WAL-MART STORES, INC.
Paul D. Burns, Esq.
BRADLEY & RILEY P.C.
2007 First Avenue SE
PO Box 2804
Cedar Rapids, IA 52406-2804
(319) 363-0101
BOARD OF REVIEW OF THE
CITY OF DUBUQUE
Ba/fry A. Lindahl, Esq.
S~te 330, Harbor View Place
300 Main Street
Dubuque, IA 52001-6944
(563) 583-4113
Attorney for Appellant Counsel for the Board of Review
IN THE DISTRICT COURT FOR DUBUQUE COUNTY
WAL-MART STORES, INC.,
Plaintiff-Appellant
CITY BOARD OF REVIEW
OF DUBUQUE, IOWA
Defendant-Appellee.
)
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EQUITY NO. 01311 EQCV092758
NOTICE OF VOLUNTARY
SETTLEMENT
TO:
City of Dubuque, Iowa
County of Dubuque, Iowa
Dubuque Community School Distdct
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 Appellant and the Board of Review, Appellee, 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 1~-[. day of Dece_m~_~ ,2002.
Board of I~'ew for the City of Dubuque, Defendant-
(~orporation Counsel
~uite 330, Harbor View Place
300 Main Street
Dubuque, IA 52001-6944
(563) 583-4113