88-018 - Laserfiche WebLink

Home Browse Search

... FIlIDINGS 1. Mr. A. Thomas Oswalt was displaced from his home at 1411 Seventh Street Northwest in the City of New Brighton on or about September 23. 1980. 2. Mr. Oswalt has been allowed and paid by the City the following amounts as relocation benefits: a. Incidental expenses under Section 42.409 of the Regulations in the amount of $1,830, which amount has been agreed to by the claimant. b. Mortgage differential payments under Section 42.407 of the Regulations in the amount of $10,324.63. which amount has been agreed to by the claimant. c. Price differential payments in the amount of $2,845.37. which represents the difference between $15,000 (the full amount allowed for replacement housing payments under Section 42.403 of the Regulations) and the sum of the mortgage differential payment and incidental expense payments. d. Temporary rental expenses under Section 42.453 of the Regulations in the amount of $2,420, which amount has been agreed to by the claimant. e. Moving costs and storage expenses under Section 42.303 of the Regulations in the amount of $4,947, which amount has been agreed to by the claimant. 3. In the case of Thomas Oswalt v. County of Ramsey and City of New Brighton in Ramsey Count District Court File No. 454675, by order of Judge Harold W. Schultz dated September 2, 1987, Mr. Oswalt was awarded attorneys fees in the amount of $35,243.42, incurred in connection with his inverse condemnation action against the City as provided in Minn. Stat.. fi117.045 and Section 42.123 of the Regulations. ---- 4. With respect to replacement housing costs, Mr. Oswalt claims a total price differential payment of $24,500 which represents the difference between the agreed upon value of his acquired dwelling as of the date of taking. September 23. 1980. in the amount of $66.500 and the cost of his replacement dwelling, $91,000. which was purchased nearly three (3) years later. The City Manager determined that Mr. Oswalt was entitled only to the amount of $2,845.37 for the price differential component of his replacement housing claim, which, together with amounts allowed for mortgage differential and incidental expenses, equals the full amount allowed under the Regulations unless there is a declaration by the City Council of Housing of Last Resort pursuant to Section 42.601 of the Regulations. 5. Mr. Oswalt's attorney, Mr. Bradley that no decent, safe and sanitary between the date of taking and replacement dwelling. Even if such Gunn, stated that he did not claim comparable dwellings were available the date Mr. Oswalt acquired his dwellings had not been available, the 2