Suit by Metz, Labee, and KolfTHOMAS C. METZ and MARY K. METZ,
JAMES W. LABEE and BONITA A. LABEE,
and F. JAMES KOLF and MOLLY A. KOLF,
vs.
10 NOV 17 PM 2: 36
In the IOWA DISTRICT COURT for DUBUQUE COUNLY Cidrrc E Office
Dubuque, IA
Plaintiffs,
CITY OF DUBUQUE, IOWA, an Iowa
municipality,
Defendant.
RECEI\'ED
NO. 01311 LACV bcjl Q S (3
ORIGINAL NOTICE
4,„
TO THE ABOVE -NAMED DEFENDANT(S): City Clerk
City of Dubuque, Iowa
50 West 13th Street
Dubuque, Iowa 52001
YOU ARE NOTIFIED that a Petition at Law was filed on the U f' day of November, 2010, in the
office of the Clerk of this Court naming you as the Defendant in this action. A copy of the Petition is attached
to this Notice. The attorney for the Plaintiffs is Stephen J. Juergens of Fuerste, Carew, Juergens & Sudmeier,
P.C., whose address is 200 Security Building, 151 West 8th Street, Dubuque, Iowa 52001, and whose phone
number is (563) 556 -4011; facsimile number (563) 556 -7134.
You must serve a Motion or Answer within twenty (20) days after service of this Original Notice upon
you and within a reasonable time thereafter file your motion or answer with the Clerk of Court for Dubuque
County, at the county courthouse in Dubuque, Iowa. If you do not, judgment by default may be rendered
against you for the relief demanded in the petition.
If assistance of auxiliary aids or services is required to participate in court due to a disability,
such as hearing impaired, call the Americans With Disabilities coordinator at(319) 833 -3332. If you are in
need of dual party telephone relay services, call Relay Iowa TTY at 1- 800 - 735 -2942.
(SEAL)
CLERK OF COURT
Dubuque County Courthouse
Dubuque , Iowa
IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PRO"1'ECT
YOUR INTERESTS.
THOMAS C. METZ and MARY K.
METZ, JAMES W. LABEE and
BONITA A. LABEE, and F. JAMES
KOLF and MOLLY A. KOLF,
vs.
CITY OF DUBUQUE, IOWA, an Iowa
municipality,
IN THE IOWA DISTRICT COURT
DUBUQUE COUNTY
Plaintiffs,
Defendant.
PETITION AT LAW
Pg
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c- v
C.)
NO. 01311 LACV tf5t
COMMON ALLEGATIONS
1. Plaintiffs are residents of Dubuque, Dubuque County Iowa.
2. Defendant, City of Dubuque, Iowa ( "City "), is an Iowa municipal
corporation.
COME NOW Plaintiffs, THOMAS C. METZ and MARY K. METZ, JAMES
W. LABEE and BONITA A. LABEE, and F. JAMES KOLF and MOLLY A KOLF,
and state:
COUNT I
3. Plaintiffs Thomas C. Metz and Mary K. Metz are husband and wife and the
owners of certain real estate located at 2324 Matthew John Drive, Dubuque, Iowa, and
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0
r
legally described as follows:
Lot 1 of Lot 3, in Block 1, of Harvest View Estates First
Addition, in the City of Dubuque, Iowa, according to the
recorded Plat thereof.
4. On or about July 22, 2010, a water retention basin owned by the City
overflowed due to a debris - clogged drain owned by and maintained by the City,
causing water to infiltrate the real estate and flood the basements of the Plaintiffs'
residence thereon.
5. The City was at fault prior to and on the aforesaid date by failing to properly
inspect and maintain said retention basin and drain.
6. The aforesaid fault of the City was a proximate cause of the resulting
damages to Plaintiffs, as hereinafter related.
7. As a result of the aforesaid overflow and flooding, Plaintiffs have sustained
and will in the future sustain damages in the form of loss of personal property, damage
to Plaintiffs' real estate and the residence situated thereon, monies expended in
necessary repairs, and loss of Plaintiffs' time in removing water and damaged personal
property from Plaintiffs' real estate and residence and cleaning. The total damages
sustained by the Plaintiffs far exceed the jurisdictional limits of the Iowa Associate
District Court, the claim for which is Plaintiffs' own, and no part of which has been
paid by Defendant.
2
WHEREFORE, Plaintiffs, THOMAS C. METZ and MARY K. METZ, pray for
judgment in their favor and against Defendant, CITY OF DUBUQUE, IOWA, an Iowa
Municipal corporation, in a sum in excess of the jurisdictional limits of Iowa Associate
District Court and as will fully, fairly, and adequately compensate Plaintiffs for their
damages, together with interest thereon as provided by law, and for the costs of this
action.
COUNT II
8. Plaintiffs James W. LaBee and Bonita A. LaBee are husband and wife and
the owners of certain real estate located at 2340 Matthew John Drive, Dubuque, Iowa,
and legally described as follows:
Lot 2 of Lot 4, in Block 1, of Harvest View Estates First
Addition, in the City of Dubuque, Iowa, according to the
recorded Plat thereof.
9. On or about July 22, 2010, a water retention basin owned by the City
overflowed due to a debris - clogged drain owned by and maintained by the City,
causing water to infiltrate the real estate and flood the basements of the Plaintiffs'
residence thereon.
10. The City was at fault prior to and on the aforesaid date by failing to
properly inspect and maintain said retention basin and drain.
11. The aforesaid fault of the City was a proximate cause of the resulting
damages to Plaintiffs, as hereinafter related.
3
12. As a result of the aforesaid overflow and flooding, Plaintiffs have sustained
and will in the future sustain damages in the form of loss of personal property, damage
to Plaintiffs' real estate and the residence situated thereon, monies expended in
necessary repairs, and loss of Plaintiffs' time in removing water and damaged personal
property from Plaintiffs' real estate and residences and cleaning. The total damages
sustained by the Plaintiffs far exceed the jurisdictional limits of the Iowa Associate
District Court, the claim for which is Plaintiffs' own, and no part of which has been
paid by Defendant.
WHEREFORE, Plaintiffs, JAMES W. LABEE and BONITA A LABEE, pray
for judgment in their favor and against Defendant, CITY OF DUBUQUE, IOWA, an
Iowa Municipal corporation, in a sum in excess of the jurisdictional limits of Iowa
Associate District Court and as will fully, fairly, and adequately compensate Plaintiffs
for their damages, together with interest thereon as provided by law, and for the costs
of this action.
COUNT III
13. Plaintiffs F. James Kolf and Molly A. Kolf are husband and wife and the
owners of certain real estate located at 2342 Matthew John Drive, Dubuque, Iowa, and
legally described as follows:
Lot 1 of Lot 4, in Block 1, of Harvest View Estates First
Addition, in the City of Dubuque, Iowa, according to the
recorded Plat thereof.
4
14. On or about July 22, 2010, a water retention basin owned by the City
overflowed due to a debris - clogged drain owned by and maintained by the City,
causing water to infiltrate the real estate and flood the basements of the Plaintiffs'
residence thereon.
15. The City was at fault prior to and on the aforesaid date by failing to
properly inspect and maintain said retention basin and drain.
16. The aforesaid fault of the City was a proximate cause of the resulting
damages to Plaintiffs, as hereinafter related.
17. As a result of the aforesaid overflow and flooding, Plaintiffs have sustained
and will in the future sustain damages in the form of loss of personal property, damage
to Plaintiffs' real estate and the residence situated thereon, monies expended in
necessary repairs, and loss of Plaintiffs' time in removing water and damaged personal
property from Plaintiffs' real estate and residence and cleaning. The total damages
sustained by the Plaintiffs far exceed the jurisdictional limits of the Iowa Associate
District Court, the claim for which is Plaintiffs' own, and no part of which has been
paid by Defendant.
WHEREFORE, Plaintiffs, F. JAMES KOLF and MOLLY A. KOLF, pray for
judgment in their favor and against Defendant, CITY OF DUBUQUE, IOWA, an Iowa
Municipal corporation, in a sum in excess of the jurisdictional limits of Iowa Associate
District Court and as will fully, fairly, and adequately compensate Plaintiffs for their
5
damages, together with interest thereon as provided by law, and for the costs of this
action.
FUERS'1E, CAREW,
JUERGENS & SUDMEIER, P.C.
By
6
Stephen J. J ens, 0004125
By ONIAIAAl IX C)-AeA'
Amanda L. Elkins, 0010629
200 Security Building
151 West 8th Street
Dubuque, Iowa 52001
Phone: (563) 556 -4011
Fax: (563) 556 -7134
Email: sjuergens@fuerstelaw.com
aelkins @fuerstelaw.com
Attorneys for PLAINTIFFS