Claim by Judge Real EstateIN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY
JUDGE REAL ESTATE, L.L.C.,
Plaintiff,
vs.
CITY OF DUBUQUE, IOWA,
an Iowa Municipality,
Defendant.
C/
01311 ACV No. 6_S? L / &,
ORIGINAL NOTICE
TO THE ABOVE NAMED DEFENDANT:
You are notified that a petition has been filed on the l0 day of 4e,6- , , 2012,
in the Office of the Clerk of this Court, naming you as the Defendant in this action. A copy of the
petition (and any documents filed with it) is attached to this notice. The attorney for the Plaintiff is
Jennifer A. Clemens- Conlon, Clemens, Walters, Conlon & Meyer, L.L.P., whose address is 2080
Southpark Court, Dubuque, IA 52003. That attorney's phone number is 563 -582 -2926; facsimile
number is 563 -582 -2998.
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, with the Clerk of 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 assistance of auxiliary aids or services is required to participate in court due to a disability
such as hearing impaired, call the Americans with Disabilities coordinator at (319) 833 -3332. If you
are in need of dual party telephone relay services, call Relay Iowa TTY at 1- 800 - 735 -2942.
CLERK OF COURT
Dubuque County Courthouse
Dubuque, IA 52001
(SEAL)
IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT
YOUR INTERESTS.
S: \wp\Joan\Judge Properties\Judge Real Estate, LLC \City of Dubuque -2011 \Petition Cover Sheets.wpd
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IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY
JUDGE REAL ESTATE, L.L.C.,
Plaintiff,
vs.
CITY OF DUBUQUE, IOWA,
an Iowa Municipality,
Defendant.
)
)
)
ev [/
) 01311 ACV No. O &/ p 7
PETITION AT LAW
COMES NOW Plaintiff, Judge Real Estate, L.L.C., and states:
1. Plaintiff is a limited liability company organized and authorized to do business in the
State of Iowa.
2. Defendant, City of Dubuque, Iowa, [ "City "] is an Iowa municipal corporation.
3. Plaintiff is owner of real estate located at 3203 Jackson Street, Dubuque, Dubuque
County, Iowa 52001 and legally described as:
Lot One (1) in "Linehan Park Addition" in the City of Dubuque, Iowa, according
to the recorded plat thereof
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4. On or before June 17, 2011, a sewer main owned and maintained by the City collapsed,
causing leaking joints, sinkholes, sewage backup and associated damages into the real
estate and basement of the Plaintiff's building located thereon.
5. The City was negligent and at fault prior to and on the aforesaid date by failing to
properly inspect and maintain said sewer main.
6. The aforesaid fault of the City was the proximate cause of the resulting damages to
Plaintiff as herein related.
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7. As a result of the aforesaid actions of the City, Plaintiff has sustained, and will in the
future sustain, damages in the form of loss of personal property; damage to Plaintiff's real
estate and the building situated thereon; monies expended in necessary repairs and loss of
Plaintiff's time in removing water, sewage and damaged personal property from
Plaintiff's real estate; cleaning thereof and other associated expenses.
8. The total damages sustained by the Plaintiff far satisfy the jurisdictional limits of the Iowa
District Court.
WHEREFORE, Plaintiff prays for judgment in its favor and against the Defendant, City
of Dubuque, Iowa, an Iowa municipal corporation, for a sum in excess of the jurisdictional limits
of Iowa Associate District Court and as will fully, fairly and adequately compensate Plaintiff for
its damages, together with interest thereon as provided by law, attorney's fees and for costs of
this action.
JUDGE REAL DSTATE A .C., Plaintiff
Jennifer s(-Conlon - AT0001534
CLEMEN ", ALTERS, CONLON &
'YER, L.L.P.
2080 SoGthpark Court
Dubu e, IA 52003
Ph: (.3) 582 -2926
Fax:; 563) 582 -2998
S: \wpuoan\Judge Properties, nka Property Management Group\Judge Real Estate, LLC \City of Dubuque -2011 \Petition at Law wpd