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88-018
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Resolutions 1988
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88-018
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<br /><It <br /> <br />1 <br /> <br />testimony of Mr. Oswalt's expert witness at trial in the inverse <br />condemnation action was that a comparable dwelling could have been <br />constructed for $69,500. Therefore, the Council has declined to make a <br />declaration of housing of last resort. <br /> <br />6. Mr. Oswalt also claims entitlement to reimbursement for miscellaneous <br />claims including unreimbursed attorneys fees and litigation expenses, <br />loss of credit rating, personal time spent on legal research, pain and <br />suffering, mileage, and other miscellaneous expenses, some of which are <br />unspecified, all in an amount in excess of $575,000 together with <br />interest in an unspecified amount from various dates at various rates. <br /> <br />CONCLUSIONS <br /> <br />1. Mr. Oswalt is entitled to relocation benefits under Minn. Stat., <br />~~117.045 and 117.52. <br /> <br />2. No declaration of Housing of Last Resort is warranted on the facts of <br />this case. <br /> <br />3. The regulations do not provide for the payment of interest on relocation <br />benefits. <br /> <br />4. Mr. Oswalt has been fully compensated for attorneys fees and litigation <br />expenses allowed under Minn. Stat., ~117.045 in the inverse condemnation <br />action in Ramsey County Distr~ourt. <br /> <br />5. The regulations do not provide for reimbursement for any of the remaining <br />claims made by Mr. Oswalt. <br /> <br />6. All claims to which Mr. Oswalt is legally entitled under the Regulations <br />have been paid by the City. <br /> <br />ORDER <br /> <br />1. The decision of the City Manager is affirmed in all respects. <br /> <br />2. The City Manager shall arrange for service of a copy of this resolution <br />on the claimant. <br /> <br />Dated: Februarv 24th. 1988 <br /> <br /> <br />~ <br /> <br />----- <br /> <br />. ~.-: <br /> <br />3 <br />
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