Claim Response Del Miller propeMemo
To:
Mayor Terrance Duggan and
Members of the City Council
DATE:
November 2, 2004
RE:
Delbert G. Miller vs. City of Dubuque
Delbert Miller has appealed from the Compensation Commission damage award of
$65,000 for the acquisition of his property for the Carter Road Detention Basin. This
appeal is to the District Court. Mr. Miller has requested that the case be heard by a jury.
Mr. Miller is asking for damages of $107,000. In support of his claim, he has an
appraisal from Tom Howe of Roy R. Fisher, Inc. Appraisal Consultants. The assessed
value of the property based on the recent citywide reappraisal is $109,700.
Mr. Miller has offered to settle the appeal for an additional $10,000, or a total of
$75,000.
It is my opinion that it would be appropriate to resolve the case by settlement rather
than by jury trial. I recommend the City accept the proposed settlement for payment of
an additional $10,000.
The City Manager and the Acting Public Works Director/City Engineer concur with my
recommendation.
cc:
Michael Van Milligen, City Manager
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, Acting Public Works Director
MEMO
TO:
Mayor Terrance Duggan and
Members of the City Council
DATE:
November 2, 2004
RE:
Delbert G. Miller vs. City of Dubuque
Delbert Miller has appealed from the Compensation Commission damage award of
$65,000 for the acquisition of his property for the Carter Road Detention Basin. This
appeal is to the District Court. Mr. Miller has requested that the case be heard by a jury.
Mr. Miller is asking for damages of $107,000. In support of his claim, he has an
appraisal from Tom Howe of Roy R. Fisher, Inc. Appraisal Consultants. The assessed
value of the property based on the recent citywide reappraisal is $109,700.
Mr. Miller has offered to settle the appeal for an additional $10,000, or a total of
$75,000.
It is my opinion that it would be appropriate to resolve the case by settlement rather
than by jury trial. I recommend the City accept the proposed settlement for payment of
an additional $10,000.
The City Manager and the Acting Public Works Director/City Engineer concur with my
recommendation.
cc:
Michael Van Milligen, City Manager
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, Acting Public Works Director