Claim Wolff, Clark W. IDOT
IN THE lOW A DISTRICT COURT FOR DUBUQUE COUNTY
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CLARK W. WOLFF,
Plaintiff-Appellant,
vs.
Case No. CiJCVO53rl'8
IOWA DEPARTMENT OF
TRANSPORTATION,
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ORIGINAL NOTICE
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Defendant.
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To Defendant and to Leo Kennedy, Sheriff of Dubuque County:
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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). ~ ~ ~
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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
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vs.
CLARK W. WOLFF,
d/o/b: 07/17/1943 0'" I 9
Plaintiff-Appellan\' .)
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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.
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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
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ATTORNEYS FOR PLAINTIFF-APPELLANT
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No. tVCVO5Ô7 f'&
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IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
CLARK W. WOLFF,
d/o/b: 07/17/1943
Plaintiff-Appellant,
IOWA DEPARTMENT OF
TRANSPORTATION,
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PETITION AND JURY DEMAND
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Defendant.
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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
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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; \
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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 /
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Leol.Kennedy"/ ,"
Sheriff ofDuiJuque County, Iowa
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