Settlement Assessment Edwards Concrete Bd of Review
Barry A. Lindahl, Esq.
Corporation Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
(563) 583-4113 office
(563) 583-1040 fax
balesq@cityofdubuque.org
Mayor and Members of the City Council
of the City of Dubuque
Cit~ Hall
13t & Central Avenue
Dubuque, IA 52001
Chairperson of the
Dubuque County Board of Supervisors
Dubuque County Courthouse
720 Central Avenue
Dubuque, IA 52001
Chairperson of the School Board
Dubuque Community School District
Central Administration Offices
2300 Chaney Road
Dubuque, IA 52001
Chairperson of the Conference Board
of the City of Dubuque
Cit~ Hall
131 & Central
Dubuque, IA 52001
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August 16, 2005
President of the Board of Directors
Northeast Iowa Community College
P.O. Box 400
Calmar, IA 52132
Chairperson of the Board of Trustees
Dubuque County Hospital
Sunnycrest Manor
2375 Roosevelt Street
Dubuque, IA 52001
Chairperson of the Council of the
Dubuque County Agricultural Extension
Service
14742 Hwy. 20 West, Suite 2
Dubuque, IA 52003
RE: Edwards Concrete Contractors, Inc. vs. Dubuque City Board of Review -
Case No. 01311 EQCV094403, January 1, 2004 Assessment Appeal
Dear Chairpersons, Mayor and President:
Enclosed is a copy of the Stipulation of Settlement for this tax assessment appeal. Iowa
Code Section 441.44 requires that the Stipulation of Settlement be served upon each of
you.
The property that is the subject of this appeal is a vacant lot located on the end of Wolff
Road, Dubuque, Iowa, legally described as:
Lot 2-1-PT-1-1-1 BLK 2 NORTHRANGE INDUSTRIAL PARK
Service
Integrity
Teamwork
People
Responsibility
Innovation
The assessed value of the property in 2003 was $125,870. However, the assessed
valuation was increased to $300,900 as of January 1, 2004 as a result of the City-wide
reappraisal. The taxpayer protested the assessed value to the Board of Review
claiming the value is $175,000. The Board reduced the assessed value to $271,400.
The taxpayer then appealed to District Court.
After the taxpayer filed the appeal to the District Court, an appraisal was performed by
Felderman Appraisals for the taxpayer. The Felderman appraisal concluded that the
value is $150,500 based on comparable sales of similar vacant properties in Dubuque.
An appraisal was performed for the Board of Review by Kane Appraisals and concluded
the value is $208,000. The appraisal was also based on comparable sales of similar
vacant properties in Dubuque.
A second appraisal was performed by Hayes Appraisals for the Board of Review and
concluded the value is $253,000 using various west end vacant properties.
A tentative agreement has been reached between the taxpayer and the Board of
Review to settle this case at the Kane Appraisal value of $208,000.
Pursuant to the Stipulation of Settlement, this appeal will be dismissed and the tax
assessment will be adjusted to $208,000 for January 1, 2004.
The proposed settlement will be presented to the Court after fourteen days from the
date indicated on the attached Notice of Voluntary Settlement. If there are any
objections to the proposed settlement, they should be made known to the Court prior to
that time.
If you have any questions about the proposed settlement, please contact City Assessor
Rick Engelken at (563) 589-4416.
arry A. Lindahl, Esq.
Corporation Counsel
BALltls
Enclosure
cc: Michael C. Van Milligen, City Manager
Rick Engelken, City Assessor
Ii
IN THE DISTRICT COURT FOR DUBUQUE COUNTY
vs.
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NOTICE OF VOLUNTARY SETTLEMENT
Case No. EQCV094403
EDWARDS CONCRETE
CONTRACTORS, INC.,
Petitioner,
DUBUQUE CITY BOARD
OF REVIEW,
Respondent.
TO: City of Dubuque, Iowa
County of Dubuque, Iowa
Dubuque Community School District
Northeast Iowa Community college
Dubuque County Hospital
Dubuque County Agricultural Extension Service
Conference Board of the City of Dubuque
YOU ARE HEREBY NOTIFIED, pursuant to Iowa Code Section 441.44, that the
above-named Petitioner and the Board of Review, Respondent, have entered into a
voluntary settlement of this assessment appeal.
A copy of the proposed Stipulation of Settlement is attached hereto.
This Stipulation of Settlement will be presented to the above-named Court for
approval after fourteen days from the date of this Notice.
Dated this 16th day of AUQust, 2005.
Board of Review for the City of Dubuque,
Defendant-Ap' ellee
^
By
8 rry A. Lindahl, Esq.
orporation Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, IA 52001-6944
(563) 583-4113
IN THE DISTRICT COURT FOR DUBUQUE COUNTY
vs.
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Case No. EQCV094403 ~ S. ~
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EDWARDS CONCRETE
CONTRACTORS, ~NC.,
Petitioner,
DUBUQUE CITY BOARD
OF REVIEW,
Respondent.
STIPULATION OF SETTLEMENT
Petitioner, Edwards Concrete Contractors, Inc. and Respondent, Dubuque
City Board of Review of Dubuque, Iowa, state to the Court that the pending
litigation with regard to the tax assessment for the following-described property
as of January 1, 2004:
Lot 2-1-PT-1-1-1 BLK 2 NORTHRANGE INDUSTRIAL PARK
has been settled and agreed upon as follows:
1. Valuation:
Land
Buildings
Total
$207,400
$ 600
$208,000
It is further agreed that upon entry of a' Court Order confirming the above
settlement, the above pending litigation shall be dismissed with prejudice and the
costs shall be paid by Petitioner.
Dated this -!..Li!!!.- day of ~ , 2005.
EDWARD CONCRETE
CONTRACTORS, INC.
arry A. Lindahl, Esq.
Suite 330, Harbor View Place
300 Main Street
Dubuque, IA 52001-6944
(563) 583-4113
B
Attorney for Petitioner
Counsel for the Board of Review