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
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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
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