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Claim Wolff, Clark W. IDOT IN THE lOW A DISTRICT COURT FOR DUBUQUE COUNTY '6/zdó'lf C{'.¡V\U/!/1 ~ CLARK W. WOLFF, Plaintiff-Appellant, vs. Case No. CiJCVO53rl'8 IOWA DEPARTMENT OF TRANSPORTATION, c ORIGINAL NOTICE ..". > -( Defendant. N ;g To Defendant and to Leo Kennedy, Sheriff of Dubuque County: ~ ~. 0 You are notified there is a Petition on file in the office of the Clerk of the above Court, which Petition was filed May 19,2004, naming the IOWA DEPARTMENT OF TRANSPORTATION as defendant in this action. A copy of this filing is attached to this notice. Plaintiff hereby appeals to the District Court from the award made to Plaintiff by the Compensation Commission on May 5, 2004 as damages from the Defendant's taking of certain property locally known as 15 S. Main Street, Dubuque, Iowa 52001 and legally described as: Lots 1,2,3, and 4 in Block 13 of Dubuque Harbor Addition, City of Dubuque, Iowa. The Plaintiffs attorney is Brian J. Kane of KANE, NORBY & REDDICK, P.C., whose address is 2100 Asbury Road, Suite 2, Dubuque, IA 52001. The Plaintiffs attorney's phone number is (563) 582-7980, with a facsimile transmission number of(563) 582-5312. You must serve amotion or answer within 20 days after service of this Original Notice upon you, and within a reasonable time thereafter file your motion or answer in the Iowa District 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 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). ~ ~ ~ (SEAL) )c CLERK OF THE ABOVE COURT Dubuque County Courthouse Dubuque, Iowa 52001 IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS IN THE IOWA DISTRICT COUR't"ijOR J;1I$WQUE COUNTY ~ " ~ ,-~'.Y vs. CLARK W. WOLFF, d/o/b: 07/17/1943 0'" I 9 Plaintiff-Appellan\' .) ~<cc,) , ) ) ) ) ) ) PH I,: 20 C~se No. eV(jJO537 f õ IOWA DEPARTMENT OF TRANSPORTATION, Defendant. NOTICE OF APPEAL To Defendant and to Leo Kennedy, Sheriff of Dubuque County: Each of you are hereby notified that the above named Plaintiffhereby appeals to the District Court from the award made to Plaintiff by the Compensation Commission on May 5, 2004 as damages ITom the Defendants' taking of certain property locally known as 15 S. Main Street, Dubuque, Iowa 52001 and legally described as: Lots 1,2,3, and 4 in Block 13 of Dubuque Harbor Addition, City of Dubuque, Iowa. Furthermore, there is a Petition on file in the office of the Clerk of the above Court, which Petition was filed May 19,2004. A copy of this filing is attached. The petitioner's attorney is Brian J. Kane of KANE, NORBY & REDDICK, P.C., whose address is 2100 Asbury Road, Suite 2, Dubuque, IA 52001-3069. The plaintiffs attorney's phone number is (563) 582-7980, with a facsimile transmission number of (563) 582-5312. By 0 " , :::::::: ~ u C 1.L 'Y- LL.. 0:: Brian J. e 000 604 KANE, NO Y & REDDICK, P.C. 2100 Asbury Road, Suite 2 Dubuque, IA 52001 Telephone: (563) 582-7980 Facsimile: (563) 582-5312 ",J ¿;, ;Y! ¡3ลก (',J >- ~ ATTORNEYS FOR PLAINTIFF-APPELLANT E; vs. No. tVCVO5Ô7 f'& 5i2 IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY CLARK W. WOLFF, d/o/b: 07/17/1943 Plaintiff-Appellant, IOWA DEPARTMENT OF TRANSPORTATION, ~- 5: -< N PETITION AND JURY DEMAND U:> _0 >8' ~ "'-> Defendant. ~ .ok COMES NOW Plaintiff-Appellant, Clark W. Wolff, and hereby states the following in support of his Petition: 1. Plaintiff is a resident of Dubuque County, Iowa. 2. Defendant is an administrative agency in the State ofIowa. 3. Defendant commenced certain condemnation proceedings (Dubuque County Proj ect No. BRF-20-9(l58)--38-31) against Plaintiffs property, locally known as 15 S. Main Street and legally described as Lots 1, 2, 3, and 4 in Block 13 of Dubuque Harbor Addition, City of Dubuque, Iowa. 4. At Defendant's direction, two appraisals of Plaintiff's property value were performed. 5. At Plaintiff's direction, one appraisal of Plaintiff's property value was performed. 6. The three appraisals differed in their valuation, and a Compensation Commission was assembled to determine the value of Plaintiff's property. 7. On May 5, 2004, the Compensation Commission held a hearing to determine the value of Plaintiff's property. 8. On May 5, 2004, the Sheriff of Dubuque County, Iowa issued a letter (attached hereto as Exhibit A) stating that the Compensation Commission found the value of Plaintiffs property to be $508,000.00. 9. proceeding. Plaintiff is entitled to just compensation for his property in a condemnation 10. Plaintiff's appraisal valued the property at $640,000.00. 11. Plaintiff is entitled to compensation in the amount of$640,000.00, which represents the value of the property and just compensation therefor. WHEREFORE, Plaintiff prays that the Court order a hearing on the above issues and that the Court fmd that Plaintiff s appraisal is the true measure of value and should therefore be used to compensate Plaintiff plus such other further relief as the Court finds just plus reasonable attorney fees and the costs of this action. JURY DEMAND COMES NOW, Plaintiff, Clark W. Wolff, and hereby demands a trial by jury on all issues so triable. , laintiff-Appellant By Brian J. e 0 007604 KANE, N RBY & REDDICK, P.C. 2100 Asbury Road, Suite 2 Dubuque, IA 52001 Telephone: (563) 582-7980 Facsimile: (563) 582-5312 ATTORNEYS FOR PLAINTIFF-APPELLANT ,. f In the Matter of the Condemnation of Certain Rights in Land by the Iowa Department of Transportation for the Improvement of Primary Road No. U.S. 20 in the City of Dubuque located in Dubuque County, Iowa Project No. BRF-20-9(158)-38-31 Group "A" Parcel No. 106 Clark W. Wolff; \ ~~¡¡;~¡¡;:;;;;~;.~~;::~~ n"h,,'l"" r.mrnty Tr"""""r / ./' NOTE: NOTICE OF APPRAISEMENT OF DAc"IAGES AND TIi"IE FOR APPEAL Land and Improvements $ $ $ $ $ $ $ $ $ $ Consequential Damages $ $ $ $ $ $ $ $ $ $ If Owner-Occupied Dwelling is acquired: Value ofCondemnees' Dwelling: Value of Land and Improvements other than Condemnees' Dwelling: $ $ Condemnee's Attorney Fees and Costs c() 3700- Condemnee's Total Award $ ~<;-o6, CoO $ $ , $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ You and each of you are hereby notified that on the ~ day of /1-4 ø 1 , 20 ¿.~1 . the duly-appointed and qualified commissioners assessed and appraised the damages sustained by reaSon of the condemnation as set out above, and that pursuant to the Code ofIowa, you may, within (30) days £tom the date of mailing this Notice, appeal to the District Court as by law provided, If no appeal is filed, you may pick up the award warnmt on deposit with the Sheriff; following the 3Q-;iay.appeal period. Signedthis~davof /vl,;, y / --.L.J .n.- / j ,--:-\~/> !..i -k' --?..-,..., /Y'/£?d¿ Leol.Kennedy"/ ," Sheriff ofDuiJuque County, Iowa ,20 e'-(