Tax Appeal Settlement Klein
October 21, 2005
Mayor and Members of the City Council President of the Board of Directors
of the City of Dubuque Northeast Iowa Community College
City Hall P.O. Box 400
th
13 & Central Avenue Calmar, IA 52132
Dubuque, IA 52001
Chairperson of the Chairperson of the Board of Trustees
Dubuque County Board of Supervisors Dubuque County Hospital
Dubuque County Courthouse Sunnycrest Manor
720 Central Avenue 2375 Roosevelt Street
Dubuque, IA 52001 Dubuque, IA 52001
Chairperson of the School Board Chairperson of the Council of the
Dubuque Community School District Dubuque County Agricultural Extension
Central Administration Offices Service
2300 Chaney Road 14742 Hwy. 20 West, Suite 2
Dubuque, IA 52001 Dubuque, IA 52003
Chairperson of the Conference Board
of the City of Dubuque
City Hall
th
13 & Central
Dubuque, IA 52001
RE: Michael L. Klein & Rita R. Klein. vs. Dubuque City Board of Review –
Case No. 01311 EQCV095140, January 1, 2005 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 located at 3084 Eagle Point Drive,
Dubuque, Iowa, legally described as:
Tax Parcel Nos. 11-07-127-029 and 11-07-127-030
The assessed value of the property in 2003 was $110,540. However, the assessed
valuation was increased to $213,500 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 $150,000. The Board reduced the assessed value to $184,300.
The taxpayer then appealed to District Court.
Kane Appraisals performed an appraisal for the Board of Review. The Kane appraiser
shows a value of $168,000. The current owner purchased the property in August of
2004 for $150,000 on contract.
A tentative agreement has been reached between the taxpayer and the Board of
Review to settle this case at the value of $168,900.
Pursuant to the Stipulation of Settlement, this appeal will be dismissed and the tax
assessment will be adjusted to $168,900 for January 1, 2005.
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.
Very sincerely
Barry A. Lindahl, Esq.
Corporation Counsel
BAL/tls
Enclosure
cc: Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
Rick Engelken, City Assessor
LIST FOR ENVELOPE PROCESSING
Mayor and Members of the City Council
of the City of Dubuque
City Hall
th
13 & Central Avenue
Dubuque, IA 52001
President of the Board of Directors
Northeast Iowa Community College
P.O. Box 400
Calmar, IA 52132
Chairperson of the
Dubuque County Board of Supervisors
Dubuque County Courthouse
720 Central Avenue
Dubuque, IA 52001
Chairperson of the Board of Trustees
Dubuque County Hospital
Sunnycrest Manor
2375 Roosevelt Street
Dubuque, IA 52001
Chairperson of the School Board
Dubuque Community School District
Central Administration Offices
2300 Chaney Road
Dubuque, IA 52001
Chairperson of the Council of the Dubuque
County Agricultural Extension Service
14742 Hwy. 20 West, Suite 2
Dubuque, IA 52003
Chairperson of the Conference Board
of the City of Dubuque
City Hall
th
13 & Central
Dubuque, IA 52001
IN THE DISTRICT COURT FOR DUBUQUE COUNTY
)
MICHAEL L. KLEIN & RITA R. KLEIN,
)
)
Plaintiffs, )
)
Case No. 01311EQCV095140
vs. )
)
THE BOARD OF REVIEW OF THE
)
CITY OF DUBUQUE, STATE OF IOWA,
)
)
Defendant. )
)
NOTICE OF VOLUNTARY SETTLEMENT
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 Plaintiffs and the Board of Review of the City of Dubuque,
State of Iowa, Defendant, 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.
st
21 October
Dated this day of , 2005.
Board of Review for the City of Dubuque,
Defendant-Appellee
By
Barry A. Lindahl, Esq.
Corporation Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, IA 52001-6944
(563) 583-4113
IN THE DISTRICT COURT FOR DUBUQUE COUNTY
)
MICHAEL L. KLEIN & RITA R. KLEIN,
)
)
Plaintiffs, )
)
Case No. 01311EQCV095140
vs. )
)
THE BOARD OF REVIEW OF THE
)
CITY OF DUBUQUE, STATE OF IOWA,
)
)
Defendant. )
)
STIPULATION OF SETTLEMENT
Plaintiffs, Michael L. Klein & Rita R. Klein and Defendant, Board of Review
of the City of Dubuque, State of Iowa, state to the Court that the pending litigation
with regard to the tax assessment for the following-described property as of
January 1, 2005:
Tax Parcel Nos. 11-07-127-029 and 11-07-127-030
has been settled and agreed upon as follows:
1. Valuation:
Land $110,400
Buildings $ 58,500
Total$168,900
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 Plaintiffs.
th
Dated this 20 day of October, 2005.
MICHEAL L. KLEIN & THE BOARD OF REVIEW OF THE
RITA R. KLEIN CITY OF DUBUQUE, IOWA
by:________________________ by:________________________
Robert E. Sabers, Esq. Barry A. Lindahl, Esq.
3003 Asbury Road Suite 330, Harbor View Place
Dubuque, IA 52001 300 Main Street
(563) 556-3266 Dubuque, IA 52001-6944
(563) 583-4113
Attorney for Plaintiffs Counsel for the Board of Review