Agenda Packets - 1997/03/03 - Laserfiche WebLink

Home Browse Search

Pam Sheldon February 28, 1997 Page 3 In the event the City elects to discontinue the condemnation, the owner is entitled to seek an order of the district court directing the condermtor to reimburse the owner for attorneys fees and appraisal costs incurred by the owner in responding to the condemnation. At this point I am not aware of whether the owner has retained an appraiser so that it is possible that the owner has not incurred appraisal costs. Furthermore, the legal authority for obtaining reimbursement of appraisal costs is not as clear under these circumstances as the legal authority for obtaining reimbursement of attorneys fees. However, it is clear that the Court may order the City to reimburse the owner for attorneys fees. The owner clearly did retain an attorney,George Frisch. Mr. Frisch did not appear at any court proceedings to date. However, he did spend time reviewing and responding to three or more successive versions of the proposed form of easement prepared by our office in the course of our negotiations concerning settlement of this matter. I would expect that he reviewed those draft versions with his client on one or more occasion. He also came to our office to execute the stipulation to which the ultimately recommended version of the easement was attached. We also discussed the documents on several occasions by telephone. He may also have been part of the owner's effort to get City Council approval of the new sign for the Mounds View Square Shopping Center property (the granting of which was the reason why Associates agreed to waive further compensation for the easement). All together, I would estimate that Mr. Frisch may have spent between 4 and 20 hours on this matter. If the City were to elect to discontinue the proceeding and the owner makes a claim for attorneys fees, 4111 I recommend that we request copies of the attorney's time records and invoices for services. The best proof of the owner's claim would be the invoices submitted by Mr. Frisch to Moundsview Square Associates, LLP for payment. If the owner makes a claim for reimbursement for attorneys fees incurred by it, and if the City disputes its duty to pay those, I assume that the City will wish to have us incur time in responding to the owner's claim. The above estimate of fees payable to Kennedy & Graven includes some fees for our services in representing the City in response to the claim. In general, because the cost of abandoning the condemnation is similar to (if not g eater dollars than)) the cost of completing the proceeding,because the City already has spent several in an effort to obtain the easement, and because the City may some time in the future wish to make alterations to the drainage pond separate and apart from any bridge project, I would recommend that the City Council authorize us to complete the proceeding even if the City Council does not wish to proceed with construction of the bridge. I would also ask that the City Council approve the stipulation. If you or the City Council have any questions about this, please let me know. As I discussed with you on February 25,the court appointed commissioners previously scheduled a viewing of the easement for February 28 at 11:00 a.m. After this viewing, the only step remaining in the condemnation which will involve the commissioners will be to have the meeting 1111 of the commissioners at which they will approve my request for the stipulated award in the g1D118507 M11125-59 9i/b 39ttd 0IE6GEEZ19'QI NSA'd2[0 'S AQ3NN3}[°1WO21d E0I I Ls-8Z-833