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1981-03-10
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1981-03-10
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<br />e <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />LAIS. BANNIGAN & CIRESI. p, A. <br />ATTORNEYS AT L"W <br />409 MIDWEST FEDERAL BUILDING <br />15tH ~Nt> CEbA.Fi' <br />SAINT PAUL, MINNESOTA 155101 <br /> <br />Reply to <br />~. <br /> <br />File ., __.,__ <br />Forward Tou_..-~--~ <br />Hold -~--~_.. ... .-' <br />Ag e n CL'l ~.--_rJJ>/ ~~/_. <br />___ AREA CODE 612 <br />CoP/ : 0 ~ 2-3....87-&1 <br /> <br />DONAl.D L. I..AI5 <br />JOHN F. BANNIGAN. JR <br />JEROME D. CIRESI <br />PATRICK J KELLY <br /> <br />February 20, 1981 <br /> <br />Other: <br /> <br />FEB24Rec1 <br /> <br />Mr. John Grau <br />Acting City Manager <br />New Brightonl Minnesota 55112 <br /> <br />RE: City of New Brighton v. Raymond Blanski.. .Chester L. Glisan, et al <br />Proj. No: 79-10 <br />Parcel No: 19 <br /> <br />Dear Mr. Grau: <br /> <br />On Friday, February 13, 19811 the Ramsey County District Court <br />Jury found damages for the taking of Parcel No: 19 in the amount <br />of $481000.00. <br /> <br />The City's appraiserl Mr. Winfield A. Mitchell I had initially <br />determined damages as of the date of taking I November 261 19791 <br />in the amount of $39,750.00. Thereafter, upon rejection of the <br />City's offer by the owner I the matter was submitted to a <br />Commission of three (3) appraisers appointed by the Ramsey County <br />District Court. Their Award of Damages was $42,500.00, from which <br />the owner appealed to a Jury trial. <br /> <br />Prior to the jury triall the owners offered to settle for $52,000.00. <br />After consultation with your previous City Manager I this settlement <br />was rejected. <br /> <br />The trial itself took two and one-half days. After the jury entered <br />its verdictl I contacted two (2) of the jury members to determine <br />whether they felt that the City was unfair in the position it took <br />on damages. The jurors reported that they felt that property <br />values had escalated since the date of taking and were persuaded <br />that it would cost more to replace the property than the City's <br />opinion. Keep in mind, however, that replacement cost is not the <br />measure of damages in the State of Minnesota. The measure of <br />
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