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cp12-27-1988 Closed Meeting c0 CLOSED MEETING HUTCHINSON CITY COUNCIL TUESDAY, DECEMBER 27, 1988 7:00 P.M. Discussion of Settlement of Sturges Litigation r1 LJ December 14, 1988 ARNOLD & MODOWELL ATTORNEYS AT LAW 101 PARE PLACE BBI CEDAR LEE ROAD HUTCHINSON, MINNESOTA 55350 g.POLIS, MINNESOTA 55418 (612) 587 -7575 (e 12)545 -DODO RESIDENT ATTORNEY 0. BARRY ANDERSON C Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Re: Sturges Litigation Our File No. 3244 -87 -0008 MN TOLL FBEE BDO- 343-4545 /, 50l SOUTH POURTH STREET PRINCETON, MINNESOTA 55371 I (BIY) 388 -2214 ,�1516171��9 4 �n /m DFC 1988 N lucZVED LD By Dear Gary: I believe by now you have received a copy of the appraisal in the above entitled matter. Please see that Gene also gets a copy for his review. Enclosed is a copy of my correspondence to Attorney Malecki. I request a closed meeting of the City Council to discuss settlement of this litigation or, in the alternative, authority to commence eminent domain proceedings. u gest it would be appropriate to hold the closed meeting at 7:00 P.M. on ecem er 27 which I understand to be our next re ularly scheduled City Council meeting. l I do not think the closed meeting will be lengthy. Thank you. Best personal regards. Very truly yours, ARNOLD &/MM DOer W,E,LLL� G. B��y And son GBA:lm Enclosure DAVID B. CAR CHARLES R. 8. CARMIC HAEL GARY D. H�DOWELL STEVEN A. ANDERSON G. BARRY ANDERSON - STEVEN S. HOGE CHARLES L NAIL, JR. LAURA E. PRETLAND DAVID A. BRUEGOEMANN JOSEPH M. PAIEMENT JAMES UTLEY JULIA A. CHRISTIANS December 14, 1988 ARNOLD & MODOWELL ATTORNEYS AT LAW 101 PARE PLACE BBI CEDAR LEE ROAD HUTCHINSON, MINNESOTA 55350 g.POLIS, MINNESOTA 55418 (612) 587 -7575 (e 12)545 -DODO RESIDENT ATTORNEY 0. BARRY ANDERSON C Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Re: Sturges Litigation Our File No. 3244 -87 -0008 MN TOLL FBEE BDO- 343-4545 /, 50l SOUTH POURTH STREET PRINCETON, MINNESOTA 55371 I (BIY) 388 -2214 ,�1516171��9 4 �n /m DFC 1988 N lucZVED LD By Dear Gary: I believe by now you have received a copy of the appraisal in the above entitled matter. Please see that Gene also gets a copy for his review. Enclosed is a copy of my correspondence to Attorney Malecki. I request a closed meeting of the City Council to discuss settlement of this litigation or, in the alternative, authority to commence eminent domain proceedings. u gest it would be appropriate to hold the closed meeting at 7:00 P.M. on ecem er 27 which I understand to be our next re ularly scheduled City Council meeting. l I do not think the closed meeting will be lengthy. Thank you. Best personal regards. Very truly yours, ARNOLD &/MM DOer W,E,LLL� G. B��y And son GBA:lm Enclosure I .DAVID R. ARNOLD CHARLES R. CARMICHAEL GARY D. MCDOWELL STEVEN A. ANDERSON. O. HARRY ANDERSON STEVEN S. HOOF CHARLES I- NAIL. JR. LAURA R. PRETLAND DAVID A. HRUEOOEMANN JOSEPH M. PAIEMENT JAMES UTLEY JULIA A. CHRISTIANS December 14, 1988 ARNOLD & MGDOWELL ATTORNEYS AT LAN' lot PARR PLACE HUTCHINSON. MINNESOTA 55350 (612) 587 -7575 Mr. James Malecki Gislason Law Office State & Center Streets P.O. Box 458 New Ulm, Mn. 56073 RESIDENT ATTORNEY , O. HARRY ANDERSON C Re: Delmer Sturges vs. City of Hutchinson • Your File No. 10759 -002 Our File No. 3244 -87 -0008 Dear Jim: 5881 CEDAR LANE ROAD MINNEAPOLIS. MINNESOTA 83418 (812)343 -0000 MN TOLL FREE 800. 843-4343 801 SOUTH FOURTH STREET PRINCETON. MINNESOTA 88871 (al2). 889 -2214 CO DFC 1 -088 N The appraiser for the City of Hutchinson has determined that the damages to your client's property as of the summer of 1980 were approximately $11,500. The damages as of the date of cancellation, which in our view is probably the relevant date, are $7500. The appraiser concluded that no severance damages were appropriate in view of the location of the ditch. As you know, I have no authority to bind the City to any particular settlement offer. Further, any proposal will ultimately have to approved by the City Council. In view of the appraisal, however, I would be prepared to recommend to your client payment of the sum of $9500, which represents, in our opinion, a fair and reasonable value for the property taken for the ditch. Keep in mind that this figure does not include the benefit that your client has received as a result of the construction of this ditch, in terms of future development of the property. I have scheduled a closed meeting of the City Council, which I hope will take place around or near the next regularly scheduled meeting • of the City Council, in approximately two weeks. Mr. James Malecki December 14, 1988 Page 2 I would like to hear your thoughts on this matter. if we are not going to be able to resolve our differences quickly, I will recom- mend to the Council that eminent domain proceedings commence. On the other hand, if we are going to settle our differences, it would be appropriate to do so now. Your client may have tax considerations that make settlement prior to the end of the year valuable to him, but I leave that issue to you to decide. Thank you. Best personal regards. Very truly yours, ARNOLD & McDOWELL G. Barry Anderson GBA:lm CC George Hoff Gary D. Plotz Eugene Anderson 0 • •