Claim by Betty TiggesIN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY IOWA
TIGGES, BETTY,
Plaintiff- Appellant
vs.
City of Dubuque,
Defendants.
PETITION ON APPEAL FROM
DAMAGE AWARD
01311 CVCV 09996
PETITION ON APPEAL FROM DAMAGE AWARD
COMES NOW, Plaintiff by and through the undersigned attorney in support of
Petition On Appeal From Damage Award hereby states the following:
1. On or about September 28, 2011, the Compensation Commission assessed
damages from the condemnation, from which Plaintiff has appealed to this court as
provided by law.
2. The Defendant took possession of the property immediately.
3. By taking the property, Defendant damages Plaintiff's premises in the sum of not
Tess than $69,000.
4. That the damages are calculated based on the value before the taking Tess the
value after the taking.
5. The potential damages include the future as well as the present damages since
the award must be a full award of damages sustained.
6. The acquisition parcel is oddly shaped thus impacting the future development of
the remainder of the site. Therefore, the functional taking is greater than the actual
acquisition parcel of approximately 2.56 acres because the Plaintiff is unable to fully
develop a portion of the property due to the irregularly shaped take.
7. The acquisition parcel is attached hereto, marked as Exhibit "A" and incorporated
herein by this reference.
WHEREFORE, the Plaintiff requests an Order for costs, attorney fees, and
ascertain and enter of record the amount of damages.
4f
Original Filed
Copy to:
Clerk of City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001
Don Vrotsos
Dubuque County Sheriff
770 Iowa Street
Dubuque, Iowa 52001
Respectfully Submitted,
By:
Nathan D. Runde #AT0o09759
of
CLEMENS, WALTERS, CONLON & MEYER, L.L.P.
2080 Southpark Court
Dubuque, IA 52003
Telephone: (563) 582 -2926
Facsimile: (563) 582 -2998
Email: nrunde @cwcmlaw.com
ATTORNEY FOR PLAINTIFF - APPELLANT
n
0 `C Q -v
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CERTIFICATE OF SERVICE
The undersigned certifies that the PETITION ON APPEAL
FROM DAMAGE AWARD was served upon all parties to
the above cause at their respective addresses disclosed on the
pleadings on the 8 day of November.
By: xxxxx U.S. Mail
Hand Delivered
Courier • ����
Signature:
Fax
Overnight
IOWA DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT
PLOT PLAN
OWNER: BETTY JEAN SIEGERT TIGGES
PARCEL NO.: 147
SECTION. 4 T 88 N -R 2
SCALE:? "= 400'
CITY OF DUBUQUE
E.
W.O.OR EASEMENT LINE,
ACCESS LOCATION POINT,
PROPERTY LINE,
LEGEND
.j4
REVISED 12/13/10
North Cascade Rd
(
2003+25.4±11
LOT 2
LOT 2 -2 5E1,4
NW FRL 1 /4
15 +75.6 ±1t
q40' Exist. R/W
i/
15 +0D
LOT 1- 2- 1- 1 -1 -1 -2
W FRL 1: 2 NE1 ,4
LOT 2- 1- 1- 1 -1 -1 -2
W FRL 1 '2 NE1 '4
X60' LOT 1- 1- 1- 1 -1 -1 -2
14 +00 W FRL 1/2 NE1'4
70'
— LOT 1 -2 5E1/4
12 +00 NW FRL 1/4
LOT 1 -1
NE1 ,4 551/4
2005 +00
X90'
2005+00
0'
2003 +25.4tQ
X80'
2003 +25.4A
TO' LOT 2 -1
NE1 /4 5W1/4
■
0'
1496 +80 ^.
70' ( 4 )
1496 +40 �..
1496 +30 c_70'
\\ 1496 +30
70'
496 +40
70' EMPORARY EASEMENT
1499 +00 TO SHAPE
`L70'
2008 +09.7t1�
i90'
2008 +00
co'
TEMPORARY EA9EMENT
TO SHAPE,
Tigges,Betty Jean Siegert
147
2
Tigges, Betty Jean Siegert
AREA OF TEMP0RAR1 EASEMENT 6517 SQUARE FEET OR 0.15 ACRE
COUNTY: DUBUOUE COUNTY PROJECT NO.: HDP-210016431- -71 -3]