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Mr. Timothy K. Scherkenbach <br />March 20, 1990 <br />Page Three <br />OR 1 A"4IW <br />The City's defense at the condemnation appeal trial was to assert that the amount awarded <br />by the condemnation conunissioners was just compensation. MS 117.175 required the <br />City to defend its assertion of the land acquisition costs de novo, that is "from the <br />beginning as if the commissioners hearing and award had not occurred. The evidence <br />that the City presented at the condemnation hearing had to be updated for the trial because <br />two years had passed since the condemnation hearing and award. The City had its <br />appraiser, Penfield, Inc., update its land appraisal and prepare for and testify at the trial. <br />The City also called Maurice Andrewson, one of the condemnation conuilissioners, to <br />testify how the commissioners arrived at their figure, as allowed by Statute. A summary of <br />the appraisers' costs is as follows: <br />Penfield, Inc. $2,900,00 <br />Maurice Andrewson 250.00 <br />Total $3,150.00 <br />Engineering Costs - Febmary 1 1989 - December 31. 1989 <br />A review of the City's engineering bills for this period totaled $5,184.33. An examination <br />of the actual tune sheets revealed that some work other than relating to the Site D land <br />appeal was included, such as providing additional information to MPCA for construction <br />contract close out. The engineering work for Site D land appeal was for preparation for <br />and attendance at the trial, meetings and telephone conferences with City or MPCA staff <br />about the appeal, and correspondence or research regarding applicable law or regulations <br />for land appeal. Those hours and costs are itemized on the attached TKDA form. <br />The engineering costs for this land appeal work is $ 3,593.16 <br />4. Legal Costs February 1 1989 -..December 31, 1989) <br />The legal work for Site D land appeal was for preparation for and attendance at the trial, <br />meetings and telephone conferences with City staff or witnesses about the appeal, and <br />other legal services as set forth in the attached itemized bills. <br />The legal costs for this land appeal work is $7,317.91. <br />