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Stipulation of Settlement_Callahan ConstructionBarry A. Lindahl, Esq. City Attorney Suite 330, Harbor View Place 300 Main Street Dubuque, Iowa 52001 -6944 (563) 583 -4113 office (563) 583 -1040 fax balesq @cityofdubuque.org Mayor and Members of the City Council of the City of Dubuque City Hall 13 & Central Avenue 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 13 & Central Dubuque, IA 52001 March 16, 2010 Dubuque Al Amefalfl, 2007 President of the Board of Directors Northeast Iowa Community College P.O. Box 400 Calmar, IA 52132 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 14742 Hwy. 20 West, Suite 2 Dubuque, IA 52003 RE: Callahan Construction Inc. vs. Dubuque City Board of Review — 2009 Property Tax Protest to District Court, Case No. 01311 EQCV098234 Dear Chairpersons, Mayor and President: Enclosed is a copy of a Stipulation of Settlement of a tax assessment appeal. Iowa Code 441.44 requires that the Stipulation of Settlement be served upon each of you. BAL /tls Enclosure cc: Michael C. Van Milligen, City Manager Jeanne Schneider, City Clerk Rick Engelken, City Assessor F: \USERS \tsteckle1Lindahl \Tax Appeals\Callahan Construction 2009 Tax Appeals\Case No. 098234 \ChairperMayorPres_030410.doc 3 Very - ncerely B: rry A. Lindahl, Esq. ity Attorney %'? A,,.\ IN THE DISTRICT COURT FOR DUBUQUE COUNTY CALLAHAN CONSTRUCTION, INC. ) ` ;r �-.7 ` Appellant, ) ) vs. ) Case No. 01311 EQCV098234 ) DUBUQUE CITY BOARD OF REVIEW ) ) Appellee. ) STIPULATION OF SETTLEMENT Appellant, Callahan Construction, Inc. and Appellee, 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, 2009: Lot A of Westbrook Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to and together with easements and restrictions of record, has been settled and agreed upon as follows: 1. Valuation: Land $125,000.00 Buildings $ 0.00 Total $125,000.00 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 costs shall be paid by Plaintiffs. Dated this //Tday of M , 2010. CAL - CONSTRU ION, INC. DUBUQUE C BOARD OF REVIEW ens - Conlon ALTERS, CONLON LLP 208 ' ► thpark Court Du u • e, IA 52003 Attorney for Appellant by: rry A. Lindahl, Esq. ity Attorney uite 330, Harbor View Place 300 Main Street Dubuque, IA 52001 -6944 (563) 583 -4113 Counsel for the Board of Review IN THE DISTRICT COURT FOR DUBUQUE COUNTY ) CALLAHAN CONSTRUCTION, INC. ) ) Appellant, ) ) vs. ) Case No. 01311 EQCV098234 ) DUBUQUE CITY BOARD OF REVIEW ) ) Appellee. ) ) 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 Appellant and the Dubuque City 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 16 day of March, 2010. Dubuque City Board of Review, Appellee By Bar A. Lindahl, Esq. Cit1( Attorney Suite 330, Harbor View Place 300 Main Street Dubuque, IA 52001 -6944 (563) 583 -4113 Barry A. Lindahl, Esq. City Attorney Suite 330, Harbor View Place 300 Main Street Dubuque, Iowa 52001 -6944 (563) 583 -4113 office (563) 583 -1040 fax balesq @cityofdubuque.org Mayor and Members of the City Council of the City of Dubuque City Hall 13 & Central Avenue 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 13 & Central Dubuque, IA 52001 Dear Chairpersons, Mayor and President: Dubuque batel AllAmentaCtiv 2007 March 16, 2010 THE CITY OF (� DU BU(._. F ' SID' 5"7-44 President of the Board of Directors Northeast Iowa Community College P.O. Box 400 Calmar, IA 52132 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 14742 Hwy. 20 West, Suite 2 Dubuque, IA 52003 RE: Callahan Construction Inc. vs. Dubuque City Board of Review — 2009 Property Tax Protest to District Court, Case No. 01311 EQCV098233 Enclosed is a copy of a Stipulation of Settlement of a tax assessment appeal. Iowa Code 441.44 requires that the Stipulation of Settlement be served upon each of you. The property that is the subject of this appeal is a parcel of ground off Pleasant View Drive in Dubuque, Iowa, Assessor's parcel: 1013306001. The property has an 11 -stall garage located on this parcel. The property was assigned an assessed value of $60,000 and a commercial classification after a Board of Review decision in May of 2009. The petitioner Joel Callahan, owner of Callahan Construction Inc, appealed to District Court based on the following grounds: 1. The assessment is not equitable when compared with assessments of like property. 2. The property is over - assessed and $30,000 should be its correct value. 3. There is fraud in the assessment process and the results make for inequitable and excessive assessments. 4. There has been a change downward in value since the last assessment because the real estate market is down. A meeting was held between the petitioner and his attorney, Jennifer Clemens - Conlon, City Assessor Rick Engelken, and City Attorney Barry Lindahl to discuss the property and see if an agreement could be reached as to the assessed value of the property. An agreement could not be reached so the Board of Review hired Tom Howe, a licensed real estate appraiser, to prepare an appraisal of the property as of January 1, 2009. Mr. Howe reviewed income and expense for the garages and arrived at a market value of $25,000 for the property. Mr. Howe concluded that the inability of the owner to use the garages for anything other than the neighboring apartments greatly reduced the market value of the property. He also justified the fair market value of $25,000 based on the income that can be generated by the garages. With this knowledge an offer was extended to the petitioner to settle this appeal for the $25,000 value the appraiser had placed on it. The petitioner through his attorney accepted the offer. The settlement will result in a loss of tax dollars of $1,215 per year based on the Board of Review's original assessed value of the property. Pursuant to the Stipulation of Settlement, this appeal will be dismissed, and the tax assessment will be adjusted to $25,000 for parcel 1013306001 for January 1, 2009. The proposed settlement will be presented to the District Court after 14 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 City Assessor prior to that time. 2 If you have any questions about the proposed settlement, please contact City Assessor, Rick Engelken at (563)- 589 -7800. BAL/tls Enclosure cc: Michael C. Van Milligen, City Manager Jeanne Schneider, City Clerk Rick Engelken, City Assessor sincerely arry A. Lindahl, Esq. ity Attorney F: \USERS \tsteckle \Lindahl \Tax Appeals \Callahan Construction 2009 Tax Appeals \Case No. 098233 \ChairperMayorPres_030410.doc 3 `s 4� CS IN THE DISTRICT COURT FOR DUBUQUE COUNTY ) CALLAHAN CONSTRUCTION, INC. ) ) Appellant, ) ) vs. ) Case No. 01311 EQCV098233 ) DUBUQUE CITY BOARD OF REVIEW ) ) Appellee. ) ) STIPULATION OF SETTLEMENT Appellant, Callahan Construction, Inc and Appellee, 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, 2009: Lot 2 of Block 4 of Broadway Heights in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to and together with easements and restrictions of record, has been settled and agreed upon as follows: 1. Valuation: Land $14,000.00 Buildings $11,000.00 Total $25,000.00 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 costs shall be paid by Plaintiffs. Dated this / 11 `1 day of a'rgal , 2010. . %T CAL ANC • STRUCTIO ; INC. DUBUQU, CITY BOARD OF REVIEW by: s- Conlon arry A. Lindahl, Esq. TERS, CONLON City Attorney &` LLP Suite 330, Harbor View Place 208 S- '�thpark Court 300 Main Street D ,• u • e, IA 52003 Dubuque, IA 52001 -6944 (563) 583 -4113 Attorney for Appellant Counsel for the Board of Review IN THE DISTRICT COURT FOR DUBUQUE COUNTY ) CALLAHAN CONSTRUCTION, INC. ) ) Appellant, ) ) vs. ) Case No. 01311 EQCV098233 ) DUBUQUE CITY BOARD OF REVIEW ) ) Appellee. ) ) 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 Appellant and the Dubuque City 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 16 day of March, 2010. Dubuque City Board of Review, Appellee By Barry L . Lindahl, Esq. City ttorney Suite 30, Harbor View Place 300 Main Street Dubuque, IA 52001 -6944 (563) 583 -4113