Larsen files suit against city
Seeks to stop eminent domain proceedingBy BILL SHEA Messenger staff writer
The owner of an electric motor repair shop in Fort Dodge has gone to court to try to stop the city from seizing his property via eminent domain.
Vance Larsen, owner of Larsen Electric Motor Service Inc., 1229 First Ave. S., filed a lawsuit asking a Webster County District Court judge to stop the controversial process.
Eric Eide, Larsen's attorney, wrote in court papers that the city's action is ''unreasonable and an abuse of its authority.''
The City Council voted on Sept. 17 to launch an eminent domain proceeding against Larsen as part of the attempt to prepare a site for a new Fareway supermarket.
For about two years, the city government has been buying property in an area bordered by First Avenue South, 13th Street, Second Avenue South, and 12th Street. The buildings in that area were knocked down and city officials indicated that the property was being cleared for future development.
On the day the council passed a measure to start the eminent domain process, it was revealed that the site was being readied for a new Fareway store.
The city wants the Larsen property, which is the last one in that area the government hasn't bought, so that utility lines can be placed where the building sits. South 13th Street between First and Second avenues south would be closed to accommodate the new grocery store, so the water, sewer, gas and electric lines there would have to be moved.
City Engineer Chad Schaeffer told the council that the Larsen site is the ''nearest location to the west that would provide the least amount of cost to relocate those utilities.''
In the lawsuit, Eide suggested that helping Fareway is the real reason for the eminent domain process.
''The primary purpose of said project is to benefit a certain private interest that desires to construct a grocery store on the site of the subject property,'' he wrote.
That, Eide wrote, isn't a valid use of eminent domain. He wrote that the city's move is ''not for a public purpose, public use, or public improvement and thus beyond the defendant's authority.''
In the court papers, Eide wrote that the city's action violates the constitutions of the United States and Iowa, plus state laws.
The lawsuit asks the court to:
- Issue an order permanently stopping the city from seizing the property.
- Invalidate the City Council resolution of Sept. 17.
- Declare the city's proposed use of eminent domain to be illegal.
- Order the city to pay Larsen's attorney fees and court costs.
No hearings have been scheduled on the lawsuit.
Eide had no comment on the lawsuit.
''I think it's fairly self-explanatory,'' he said.
City Attorney Maurice Breen declined to comment on the lawsuit.
Mayor Terry Lutz said the city has not really launched an eminent domain process. He added that he's ''hoping for continued good faith negotiations with the Larsens.''
However, he said he wasn't sure if any city officials are talking with Larsen.
If an eminent domain process is completed, Chief District Court Judge Kurt Wilke will appoint a panel of appraisers to set a value for the Larsen property. The city government would then pay Larsen that amount and take the property.
Contact Bill Shea at (515) 573-2141 or bshea@messengernews.net
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boatassembler
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10-28-09 5:08 PM
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FDGolfer Don't believe thendricksen? Call fareway yourself.He's talking starting wages , not "payroll information". I guarantee you he's right ALL grocery stores start their people out around minimum wage. They can not afford to pay much else or a gallon of milk would be $7. And if they start out at around minimum wage, you can bet your bottom dollar there's not too many $15 / hour people working there. So yes it is low paying. You try living on $8 an hour. You wouldn't even come close.
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FDGolfer
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10-28-09 2:12 PM
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Yeah, fareway gives out it's payroll information to any given yahoo with a grude and a point to prove. I'm not buying that. WRONG.
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sherricrandall
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10-28-09 8:43 AM
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Coondog, Your name calling is ridiculous. Grow up & get a life.
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Samiam
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10-27-09 10:33 PM
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no Ponderosa's old site by the river that was historic they tore it down and now its just grass...what a waste of history as it was ED too but leveled a decent historic site for nothing.
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2cents
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10-27-09 9:29 PM
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Samiam /sarcasm We really needed to do the same to Ponderosa Towing that had a very old amd historic site only to level it and put a park there...er plant a garden or whatever they might do with it now... /sarcasm off" That will never happen Samiam no matter how c r a p p y Ponderosa looks. They get most or all of the towing calls from the Police dept. So you may have a b u t t kissin' situation there to consider.
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2cents
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10-27-09 9:19 PM
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budbud 10-27-09 2:41 AM says: "Why don't they tear down the cult across the street from the old store a build a new one there. That would help out the city a lot more." Isn't the cult building in the park project area? You can be sure they'll have some alternative up their sleeve if they are. Maybe they'll try to buy the Holy Rosary bldg & make the neighbors wish they had let the alcoholic recovery center buy it instead of raising such a stink back when they tried.
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dmsmaher
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10-27-09 9:11 PM
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What is going to happen to the old Fareway store and property? Another empty building?
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thendrickson
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10-27-09 9:09 PM
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Sorry golfer, i called fareway, they start out at minimum wage, maybe a bit higher with experience. So yes, it is low paying jobs.
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thendrickson
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10-27-09 8:50 PM
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Sorry golfer, i called fareway, they start out at minimum wage, maybe a bit higher with experience. So yes, it is low paying jobs.
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thendrickson
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10-27-09 8:43 PM
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Hey golfer? The prperty owner decides what the property is worth, if it doesn;t sell too bad for him, you don't have the right to steal another mans property, especially for something that is not essential nor can it be claimed is essential. More proof of just how corrupt the city of Fort Dodge is.
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garage1999
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10-27-09 8:29 PM
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Mr Mayor why dont you know if any city employees have are talking to Mr Larsen about this? ITS YOUR JOB TO KNOW
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justwords
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10-27-09 5:28 PM
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I agree that eminent domain was never for a situation like this. I would be surprised if he loses his suit. My grandfathers land that was taken from him via ED is a State Park in Iowa, but that is a lot better than relocating a grocery store.
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digger07
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10-27-09 3:42 PM
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"The City shuld have had a commitment from everyone before they proceded with buying up all the property around the new Fareway site. It looks like the City screwed up and now wants to paint Larson as looking greedy - rather than the City as appearing as foolish." quoted for truth.
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IowaTransplant
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10-27-09 12:49 PM
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It just may take a law suit (or two) to shake city hall up a little. As it is, the way in which they approach business deals is pretty screwed up.
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Anderson
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10-27-09 12:47 PM
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Our benighted Supreme Court threw out the "takings clause" of the US Constitution in that CT case, so nothing is sacrosanct anymore, including Larsen's or anyone else's castle. Big Brother now rules.
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Number1
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10-27-09 12:23 PM
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The City shuld have had a commitment from everyone before they proceded with buying up all the property around the new Fareway site. It looks like the City screwed up and now wants to paint Larson as looking greedy - rather than the City as appearing as foolish.
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FDGolfer
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10-27-09 11:21 AM
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I would geuss if you walk through Fareway, there you would find many people happily employed who earn a living. To imply this new store would only provide minimum wage jobs is way off. But I suppose it is necessary to prove your point. Same things your saying about the casino.
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FDGolfer
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10-27-09 11:17 AM
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No. Hendrickson, I would have taken the premium the city offered and ran with it instead of trying to get a RIDICULOUS price. I would have rented for five years, with no obligation to the city or maintainence of the NEW building, and walked away with my money. Talks were on the table untill he proposed a deal so lopsided the city said forget it. Now he can spend his money fighting what he was initially at least somewhat interested in.
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thendrickson
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10-27-09 11:09 AM
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The funniest p[art is, half you people would be screaming bloody murder if it were your property the city is trying to steal. Great publicity though, a city so desperate for jobs they steal a mans property for minimum wages.
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bigmac1
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10-27-09 10:08 AM
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Fort Dodge screams for progress and new things, but residents complain about how it's done...don't take this guy's shop (after he is offered a fair price for it)...don't put a casino there...don't put the pool there. Unpopular decisions can lead to good things sometimes. And as far as the cult comment, that "cult" has kept another FD building from sitting empty for years. Nobody else wanted the old pizza building.
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momofmj
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10-27-09 9:12 AM
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The city offered Larsen plenty before resorting to the eminent domain tactic. Holding out for more has gotten Larsen into this. His long time customers will find him wherever he is. Please don't stand in the way of beautification, and business growth. budbud, very funny. I'm sure many of us have thought the same.
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Samiam
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10-27-09 3:39 AM
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I think it goes, how many bricks shy of load will it take to be considered unbalanced :) /sarcasm We really needed to do the same to Ponderosa Towing that had a very old amd historic site only to level it and put a park there...er plant a garden or whatever they might do with it now... /sarcasm off
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budbud
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10-27-09 2:41 AM
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Why don't they tear down the cult across the street from the old store a build a new one there. That would help out the city a lot more.
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jaybares
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10-27-09 2:20 AM
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How many nuts does it take to end up with a barrel of nuts. We have to be getting close.
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