Letter from Reynolds and Kenline LLP Re Jorjas Restaurant September 12 2003LAW OFFICES OF
REYNOLDS & KENLINE, L.L.P.
DAVID L. CLEMENS
WILLIAM J. MATERS
CHADWYN D. COX*
MARK J. SULLIVAN
JEFFREY L. WALTERS
JENNIFER A. CLEMENS-CONLON
JOHN T. NEMMERS
TODD N. KLAPATAUSKAS**
KIM C. RODDICK**
Of Counsel
LEO A. McCARTHY
Mr. Fred H. McCaw
Dubuque County Attorney
Dubuque County Courthouse
720 Central Avenue
Dubuque, Iowa 52001
Mr. Barry A. Lindahl
Dubuque City Attorney.
Suite 330 Harbor View Place
300 Main Street
Dubuque, IA 52001
RE: Jorja's Restaurant.
Gentlemen:
909 MAIN STREET
SUITE 222 FISCHER BUILDING
P.O. BOX 239
DUBUQUE, IOWA 52004-0239
TELEPHONE: (563) 556-8000
FAX: (563) 556-8009
E -Mail: office@rkenline.com
September 12, 2003
*ALSO LICENSED IN MINNESOTA
**ALSO LICENSED IN ILLINOIS
As you know; I represent Jorja Moore, the owner and proprietor of Jorja's
Restaurant. Tom Kluck has been examining Jorja's building regarding the shifting and
settling of the structure. It is clear that the contractors dug underneath the footings during
their excavation of the alley on the east side of Jorja's building. Tom Kluck told me this
morning that he needs someone to authorize the expense of drilling holes and installing
additional monitors in order to determine what remedial measures can be made to shore
up the footings and structure to prevent more damage to Jorja's building. Tom Kluck said
it will cost somewhere between $900 and $2,000 to do the appropriate monitoring so that
engineers can determine how best to mitigate the problem.
This letter constitutes written demand that either or both the City of Dubuque and
Dubuque County authorize Mr. Kluck to proceed. Mr. Kluck's phone number is 213-0371,
please feel free to contact him if you have questions.
Unfortunately, between the contractors, engineers, City and County representatives
who have come to Jorja's to look at the situation, there is no consensus as to who is
financially responsible for fixing the problem. To me, it seems to make sense for the City
and County to cooperate and promptly send a few dollars to try to mitigate the damage to
Jorja's building. If there is no prompt action to stop the damages the damage to her
building, I will have no recourse but to initiate legal proceedings. Jorja very much wants
to avoid litigation and publicity. She is fearful that if potential customers believe there is
a problem with her building that they won't frequent her restaurant. This will, of course,
mean additional damages for the parties ultimately responsible for the structural damage.
Jorja has tried for the last 66 days to get someone to physically begin corrective
remedies, but no one is willing to step up to the plate. We want to avoid the situation that
occurred on Main Street with the parking ramp. However, we are just not receiving prompt
cooperation from whoever has the authority to give the go ahead for corrective remedies
to be pursued.
Please contact me immediately so you can confirm how you intend to proceed.
Thank you.
JLW/tkk
cc: Jorja Moore
Scott DeSousa
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