Suit by City of Dubuque vs. Michael Dennison et. al.IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
CITY OF DUBUQUE, IOWA,
Petitioner,
VS.
MICHAEL J. DENNISON, CACH LLC, CITY
OF DUBUQUE, CBE GROUP INC.,
HORSFIELD MATERIALS, INC., DAVID R.
BLEILE, MELISSA J. THOMAS, ROGER E.
SIMON, DEPARTMENT OF HUMAN
SERVICES FOR THE STATE OF IOWA, )
TRISTATE ADJUSTMENTS FREEPORT, )
INC., US BANK NATIONAL ASSOCIATION, )
DUBUQUE COUNTY, IOWA, AND STATE OF )
IOWA, )
Respondents. )
)
Case No. 01311 EQCV IDtbkab
ORIGINAL NOTICE
TO THE ABOVE-NAMED DEFENDANTS:
You are hereby notified that there is now on file in the office of the clerk of the above
court, a petition in the above -entitled action, a copy of which petition is attached hereto.
The Petitioner's attorney is Crenna Brumwell, Assistant City Attorney, whose address is
300 Main Street, Suite 330, Dubuque, Iowa, 52001.
You are further notified that unless, within twenty (20) days after service of this original
notice upon you, you serve, and within a reasonable time thereafter file, a written motion
or answer, in the Iowa District Court for Dubuque County, at the county courthouse in
Dubuque, Iowa, judgment by default will be rendered against you for the relief
demanded in the petition.
CLERK OF THE ABOVE COURT
By: See Ak4O C 1Qd
Designee
Dubuque County Courthouse
Dubuque, IA 52001
NOTE: The attorney who is expected to represent the defendant should be promptly advised by
defendant of the service of this notice.
STATE OF IOWA JUDICIARY
Case Title
Case No. EQCV102060
County Dubuque
CITY OF DUBUQUE V DENNISON ET AL
THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING.
Therefore, unless the attached Petition and Original Notice contains a hearing date for your appearance, or unless you obtain an
exemption from the court, you must file your Appearance and Answer electronically.
You must register through the Iowa Judicial Branch website at http://www.iowacourts.state.ia.us/Efile and obtain a log in and
password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court.
FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING, REFER TO THE IOWA COURT RULES CHAPTER
16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM:
http://www.iowacourts.state.ia.us/Efile
FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS, REFER TO DIVISION VI OF IOWA
COURT RULES CHAPTER 16: http://www.iowacourts.state.ia.us/Efile
Scheduled Hearing:
If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district
ADA coordinator at (319) 833-3332 . (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.)
Date Issued 10/10/2014 02:26:41 PM
District Clerk of Dubuque
/s/ Kati Ernst
County
E -FILED 2014 OCT 08 12:24 PM DUBUQUE - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
)
CITY OF DUBUQUE, IOWA, )
Petitioner, ) Case No. 01311 EQCV
)
vs. )
)
MICHAEL J. DENNISON, CACH LLC, CITY )
OF DUBUQUE, CBE GROUP INC., )
HORSFIELD MATERIALS, INC., DAVID R. )
BLEILE, MELISSA J. THOMAS, ROGER E. )
SIMON, DEPARTMENT OF HUMAN )
SERVICES FOR THE STATE OF IOWA, )
TRISTATE ADJUSTMENTS FREEPORT, )
INC., US BANK NATIONAL ASSOCIATION, )
DUBUQUE COUNTY, IOWA, AND STATE OF )
IOWA, )
Respondents. )
)
PETITION
COMES NOW, the Petitioner, City of Dubuque, Iowa, and states to the Court as follows:
1. That the City of Dubuque is a municipality located in Dubuque County,
Iowa.
2. That the property which is the subject matter of this suit is 595 Angella
Street, Dubuque, Iowa, and legally described as:
Lot 21 of Quigley's Subdivision of Out Lot 709, in the City of
Dubuque, Iowa.
3. That there is situated upon this property a building which is abandoned,
vacant, and dilapidated within the meaning of Iowa Code Section
657A.10A(3).
4. That the Respondent, Michael J. Dennison, has an interest in this property
in that he is the deed holder.
5. That the Respondent, Cach LLC, may have an interest in this property in
that judgment was entered in favor of Cach LLC on February 26, 2008 for
Case No. SCSC061066.
6. That the Respondent, City of Dubuque, has an interest in this property in
that judgments were entered in favor of the City of Dubuque on May 16,
2014 for Case No. DUCICV077104 and on August 13, 2014 for Case No.
0
E -FILED 2014 OCT 08 12:24 PM DUBUQUE - CLERK OF DISTRICT COURT
DUSTA1019019, as well as delinquent property taxes and/or assessments
against the property.
7 That the Respondent, CBE Group Inc., may have an interest in this
property in that judgment was entered in favor of CBE Group Inc. on
January 10, 2012 for Case No. SCSC071619.
8. That the Respondent, Horsfield Materials, Inc., may have an interest in
this property in that judgment was entered in favor of Horsfield Materials,
Inc. on November 19, 2013 for Case No. SCSC075043.
9. That the Respondent, David R. Bleile, may have an interest in this
property in that judgment was entered in favor of him on December 13,
2010 for Case No. SCSC068756.
10. That the Respondent, Melissa J. Thomas, may have an interest in this
property in that judgment was entered in favor of her on September 16,
2010 for Case No. DRCV099137.
11. That the Respondent, Roger E. Simon, may have an interest in this
property in that judgment was entered in favor of him on May 11, 2006 for
Case No. SCSC56863.
12. That the Respondent, Department of Human Services for the State of
Iowa, may have an interest in this property in that judgment was entered in
favor of her on September 16, 2010 for Case No. DRCV099137.
13. That the Respondent, Tristate Adjustments Freeport Inc., may have an
interest in this property in that judgment was entered in favor of Tristate
Adjustments Freeport Inc. on February 2, 2007 for Case No.
SCSC058882.
14. That the Respondent, US Bank National Association, may have an
interest in this property as it was assigned a judgment on Case No.
EQCV100623 filed in July 2013.
15. That the Respondent, Dubuque County, Iowa, may have an interest in this
property due to delinquent property taxes and/or assessments against the
property.
16. The Petitioner herein, City of Dubuque, has documentation that supports
its statement that the building situated on the property has been
abandoned and sufficient evidence to support the considerations required
by Ch. 657A.1 OA and/or evidence that all the parties with an interest in the
property did not make a good faith effort to comply with an order of the
local housing official within sixty (60) days after the filing of this Petition.
E -FILED 2014 OCT 08 12:24 PM DUBUQUE - CLERK OF DISTRICT COURT
WHEREFORE, Petitioner prays that:
1. That the Court enter an order that the matter be set for hearing no less
than sixty (60) days after the filing of the petition;
2. Upon hearing, the Court determine that the property is abandoned within
the meaning of Iowa Code Section 657A.10A;
That the Court enter judgment against the Respondents pursuant to
§657A.10A of the Iowa Code awarding the title to the property to the City
of Dubuque, Iowa, free and clear of any claims, liens, or encumbrances
held by the Respondents; and
4. For such other and further relief as the Court deems just and equitable.
CITY OF DUBUQUE, IOWA
r
By:
Grenna rumwell
Assistant City Attorney
Suite 330, Harbor View Place
300 Main Street
Dubuque, IA 52001-6944
(563) 589-4381
Dubuque
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Masterpiece on the Mississippi All -America
City Attorney's Office ,
Suite 330 Harbor View Place I f'
300 Main Street
Dubuque, Iowa 52001-6944
7012 2210 0002
2007
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Kevin Firrista ii, City Clerk
City of Dubuque
50 West 13th Street
Dubuque; IA 52001
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2 1RA 06.69
_04236013 OCT 13 2014
AILED FROM ZIP CODE 52001
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