Claim of Michael L. Hansen
, .
, .
BARRY A. LINDAHL
,
CORPORATION COUNSEL
MEMO
To:
Mayor Terrance M. Duggan
and members of the City Council
Date:
May 1, 2000
Re:
Michael L. Hansen
Claimant
Date of Claim Date of Loss Nature of Claim
Michael L. Hansen
5/4/00 5/3/00 towing expenses
reimbursement
This is a claim for reimbursement of expenses the claimant
incurred as a result of an alleged illegal towing of his car from
his private property.
According to the report of Chief John Mauss of the Dubuque
police Department, the claimant's vehicle was towed from property
he believed to be his own; however, it does appear that the
claimant was parked on private property owned by another person and
who requested that the car be towed. It therefore appears that the
towing charge was appropriate.
It is therefore the recommendation of the Legal Department
that this claim be denied.
BAL/cg
cc - Chief John Mauss
cc - Mr. Michael L. Hansen
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Dubuque Police Department
Law Enforcement Center
P.O. Box 875
Dubuque, Iowa 52004-0875
Phone (319) 589-4410
Fax (319) 589-4479
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11 May 2000
Barry Lindahl
Corporation Counsel
196 CyCare Building
Dubuque,lA 52001
RE: Claim of Michael L. Hansen
Dear Barry:
Enclosed is a copy of a report from Officer Harper regarding the towing of the
Hansen vehicle. The report was not filed at the time of the incident because it was
treated as a tow from private property owned by Kathy Bauerly, the complainant who
called for the tow.
I note in the letter of complaint dated May 4th by Michael Hansen that his
description ofthe lot dimensions is not consistent with the plat for the lot. I confirmed
with the County Treasurer's Office the legal description of his property, which is the
south one-half of the south one-fifth of Lot 479. The plat of that lot shows that the south
half of the south one-fifth would extend 25 feet 6 inches north from 11th St. and 100 feet
west from White St.
I also confirmed with the County Treasurer's Office that James and Kathy
Bauerly are listed as the owner of the first two lots immediately north of Hansen's
property, which would include the north one-half of the south one-fifth of Lot 479, which
I believe would include the north side of the building where the Hansen vehicle was
apparently parked.
It appears that his parking in that location and the towing of his vehicle stems
from his misunderstanding of the lot dimensions.
Service
People
Integrity
Responsibility
Innovation
Teamwork
I have spoken to Mr. Hansen; who states that he did talk to Kathy Bauerly after he
wrote the letter and filed the claim, and that she did advise him that was her property and
he states that he no longer parks there. He has asked his attorney or his real estate agent
to check the legal plat to veritY the property dimensions.
John J. Mauss
JJM/mb