Claim Suit - Miller, Delbert G.
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IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
DELBERT G. MILLER,
d/o/b:
Plaintiff-Appellant,
vs.
No. CVLV(j1~Lt5Å
CITY OF DUBUQUE,
Defendant.
ORIGINAL NOTICE
,.'
To Defendant and to Leo Kennedy, Sheriff of Dubuque County:
You are notified there is a Notice of Appeal and a Petition on file in the office of the Clerk
of the above Court, which Petition was filed July .11.., 2004, naming the City of Dubuque 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 July 13,
2004 as damages from the Defendant's taking of certain property in Dubuque, Iowa, legally
described as:
Lot 2-2-A-2-2-2-1-1-1-1-1 of Clarence Arlen Place and Lot 2-1-1-1-
1-1-1-1-2-3-1 of Highland Farm Addition, all in the City of Dubuque,
Dubuque County, 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 a motion 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, j udgment 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).
~'" Jj.y~- f-
CLERK ~E ABOVE COURT
Dubuque County Courthouse
Dubuque, Iowa 52001
(SEAL)
IMPORTANT
YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY.
DELBERT G. MILLER,
d/olb: 07/12/31
Plaintiff-Appellant,
vs.
No. C. vCVOQLjLj5êf,
,,)
','
CITY OF DUBUQUE,
Defendant.
PETITION AND JURY DEMAND
COMES NOW Plaintiff-Appellant, Delbert G. Miller, and hereby states the following in
support of his Petition:
1.
Plaintiff is a resident of Dubuque County, Iowa.
2.
Defendant is a municipal corporation in the State ofIowa.
3. Defendant commenced certain condemnation proceedings (against Plaintiff's
property, located in Dubuque, Iowa, and legally described as Lot2-2-A-2-2-2-1-1-1-1-1 of Clarence
Arlen Place and Lot2-1-1-1-1-1-1-1-2-3-1 of Highland Farm Additional, all in the City of Dubuque,
Dubuque County, 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.
property.
A Compensation Commission was assembled to determine the value of Plaintiffs
7. On July 13, 2004, the Compensation Commission held a hearing to determine the
value of Plaintiffs property.
8. The Sheriff of Dubuque County, Iowa issued a letter stating that the Compensation
Commission found the value of Plaintiff's property to be $65,000.00.
9.
proceeding.
Plaintiff is entitled to just compensation for his property in a condemnation
10.
Plaintiff's appraisal valued the property at $107,000.00.
,
11. Plaintiff is entitled to compensation in the amount of$1O7,000.00, which represents
the fair market 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 find that Plaintiffs 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.
By
Brian J. e 0 007604
KANE, RBY & REDDICK, P.C.
2100 Asbury Road, Suite 2
Dubuque, IA 52001
Telephone: (563) 582-7980
Facsimile: (563) 582-5312
ATTORNEYS FOR PLAINTIFF-APPELLANT
JURY DEMAND
COMES NOW, Plaintiff, Del Miller, and hereby demands a trial by jury on all issues so
triable.
By
nan J. eO 007604
KANE, RBY & REDDICK, P.C.
2100 Asbury Road, Suite 2
Dubuque, IA 52001
Telephone: (563) 582-7980
Facsimile: (563) 582-5312
ATTORNEYS FOR PLAINTIFF -APPELLANT
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
DELBERT G. MILLER,
d/olb:
Plaintiff-Appellant,
vs.
No. C VCII ()é1445;),
CITY OF DUBUQUE,
Defendant.
NOTICE OF APPEAL
To Defendant and to Leo Kennedy, Sheriff of Dubuque County:
Each of you are hereby notified that the above named Plaintiff hereby appeals to the District
Court from the award made to Plaintiff by the Compensation Commission on July 13, 2004 as
damages from the Defendant's taking of certain property in Dubuque, Iowa, legally described as:
Lot 2-2-A-2-2-2-1-1-1-1-1 of Clarence Arlen Place and Lot 2-1-1-1-
1-1-1-1-2-3-1 of Highland Farm Addition, all in the City of Dubuque,
Dubuque County, Iowa.
Furthermore, there is a Petition on file in the office of the Clerk of the above Court, which
Petition was filed July J2.., 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 plaintiff's attorney's phone number is (563) 582-7980, with a
facsimile transmission number of (563) 582-5312.
DEL MILLER, Plaintiff-Appellant
By
Brian J. K 00007604
KANE, N Y & REDDICK, P.C.
2100 Asbury Road, Suite 2
Dubuque, IA 52001
Telephone: (563) 582-7980
Facsimile: (563) 582-5312
ATTORNEYS FOR PLAINTIFF-APPELLANT