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TO: City Administrator <br /> <br />FR~: City Attorney <br />DATE: November 19, 1980 <br /> RE: Tungsten Street Storm Sewer Condemnation <br /> <br />As you know, the Court Appointed Commissioners awarded the BloomS $4,OO0 <br />as their damages in this action. Their original demand was $8,600 as per <br />their own appraiser ~nd you k/%ow, the Blooms have appealed the $4,000 <br />~ward. I have spoken with the County Attorneys office which office handles <br />a volume of condensations. They have advised me that in their experience, <br />a jury will most likely split the difference between the $4,000 and $8,600 <br />or $6,300. <br /> As you know, when this first started out, I recommended paying $6,000 but <br /> the Blooms wanted no less than $7,500. Now that they are aware of the <br /> $4,000 Commissioners Award the Blooms will settle for $6,300. <br /> If we go to trial, we again will have Attorney fees and expert witness fees <br /> which may total as much as $1,500. Also, the statutes are written such <br /> that the Court can order the City to pay the landowners Attorney's fees, end <br /> this was recently reaffirmed by the ~innesota Supreme Court which upheld a <br /> large Attorney fee award of $30,000 in a Ninnetonka Condemnation. <br /> In summary, I am recommending that we pay a total condemnation award of <br /> $6,300 plus interest to the Blooms. Also, as you are no doubt award, pay- <br /> ment on this award does come from the project funds. <br /> <br />WKG:sb <br /> <br /> <br />