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2012-05-23 CC Packet
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2012-05-23 CC Packet
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disbursements. We affirm the district court's judgment relating to the assessment, as <br /> modified to correct a mathematical error, and affirm the judgment relating to costs and <br /> disbursements. <br /> FACTS <br /> In 2009, the city council of appellant City of Centerville adopted a special <br /> assessment of $379,000 relating to an approximately 5 -acre parcel of property owned by <br /> respondent Sheehy Construction Company. The assessment related to a city development <br /> project, which included construction of an east -west road to the immediate south of <br /> Sheehy's property, between 20th and 21st Avenues; construction of sanitary sewer and <br /> water -main connections to Sheehy's property; realignment of a drainage ditch located on <br /> city property; and additional wetland and drainage improvements. The project also <br /> allowed the city to fill portions of previously acquired property, which was located to the <br /> west of Sheehy's property, for the purpose of constructing three new lots suitable for <br /> commercial development. <br /> In 2006, in connection with the project, the city had instituted an eminent - domain <br /> proceeding, which resulted in the condemnation of approximately 1.6 acres of Sheehy's <br /> 5 -acre parcel of property. As a result of that proceeding, Sheehy signed a settlement <br /> agreement accepting a commissioners' panel recommendation of $200,000 as damages <br /> for the taking. The property acquired by eminent domain was comprised mostly of <br /> wetlands located immediately to the south of Sheehy's current parcel. <br /> Sheehy objected to the 2009 assessment and appealed to district court, alleging, <br /> among other things, that the assessment amounted to an unconstitutional taking because <br /> 2 <br /> 1 5 <br />
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