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