CENTERVILLE —
Centerville residents and business owners in the proposed West State Street Project Improvement area collectively are looking at the possibility of owing more than $104,000 in special assessments for the street project.
What started with 32 plaintiffs listed in a petition in equity class action lawsuit filed Oct. 8, 2012 against the city now is down to 12.
According to documents given to the Daily Iowegian, the First Baptist Church board is recommending the church drop out of the lawsuit and focus on God and those who are hit the "hardest by this street assessment." A special church business meeting is scheduled for Monday, Feb. 25 to vote on the recommendation.
The city's preliminary special assessment for those in the lawsuit:
First Baptist Church, 603 and 619 W. State St., $33,256.37, Curtis R. Carey and Sherri S. Hayes, 717 E. State St., $875, Lora Hyde and Robert Schwering (listed individually in the suit), 410 N. 10th St., $5,857.66, Jene' H. Marts, 315 W. Maple St., $9,521.18, Rhonda J. Moore and Larry Moore, 625 W. State St., $6,221.54, Jason Sandberg and Stacey Sandberg, 612 W. State St., $10,202.55, Julie Stevens, 611 E. State St., $7,071.33, Mikal T. Stickler, 814 E. State St., $5,463.96, Steve Stufflebeem and Martha Pearl Stufflebeem, 529 W. State St., $3,500, Evelyn Joyce Stufflebeem, 314 W. State St., $17,328.02 and Marge Winkel, 515 W. State St., $5,315.80.
According to the city, each property has a special assessment based on what anonymous realtors they hired said each property was worth. The city cannot assess for more than 25 percent of the council valuation or fair market value for any property in the project area. The higher the council valuation, the higher the preliminary assessments.
Here is what the realtors said the property still involved in the lawsuit are worth.
First Baptist Church, $275,000, Curtis R. Carey and Sherri S. Hayes, $3,500, Lora Hyde and Robert Schwering, 410 N. 10th St., $25,000, Jene' H. Marts, $50,000, Rhonda J. Moore and Larry Moore, $25,000, Jason Sandberg and Stacey Sandberg, $120,000, Julie Stevens, $60,000, Mikal T. Stickler, $56,000, Steve Stufflebeem and Martha Pearl Stufflebeem, $14,000, Evelyn Joyce Stufflebeem, $125,000 and Marge Winkel, $36,100.
Here is what the Appanoose County assessor says the properties are worth:
First Baptist Church, $561,880, Curtis R. Carey and Sherri S. Hayes, $34,780, Lora Hyde and Robert Schwering, $26,220, Jene' H. Marts, $39,630, Rhonda J. Moore and Larry Moore, $24,350, Jason Sandberg and Stacey Sandberg, $72,960, Julie Stevens, $60,500, Mikal T. Stickler, $55,800, Steve Stufflebeem and Martha Pearl Stufflebeem, $12,060, Evelyn Joyce Stufflebeem, $97,900 and Marge Winkel, $34,700.
According to documents given to the Daily Iowegian, First Baptist Church in September 2012 filed a formal objection to the proposed special assessments. They argued four points: "The Council does not have the factual basis to pass the Resolution of Necessity that the proposed replacement of West State Street is necessary"; "Are the Assessments Just and Equitable"; "Are the Assessments Equal to the Benefit for First Baptist Church?"; and "Not in First Baptist Church's interests."
The plaintiffs challenge the amounts being assessed by the city against their respective properties based on the fact the street project excessively assess each property. Law allows a special assessment against a property but only if there is a special benefit conferred upon the property owner.
The lawsuit contends the special preliminary assessments imposed by the city of Centerville "exceeds the special benefit conferred to the owners and exceeds any amount allowable" under Iowa law and is illegal, inappropriate and in violation of both the Constitution of Iowa and of the United States.
Streets in the Centerville West State Street Project Improvement area include portions of East and West State streets and North 10th Street.
In summary, the plaintiffs are asking the court to find the city's assessments adopted by Resolution of Necessity excessive, unfair and illegal, the proposed street improvement project confers benefit to the motoring public and other relief as the court deems appropriate.
The city has asked the court to dismiss the petition in equity with costs to the plaintiffs.
A pretrial conference is set for March 12 at 9:30 a.m. in the Appanoose County Courthouse.
Local News
Related Photos
-
This is a photo of the Plat of Assessment for West State Street that is taped to a wall at City Hall. Similar Plats for North 10th Street and East State Street are also taped to a wall at City Hall. In addition, each Plat has an accompaning list of properties in the street improvement project area that shows what the city is proposing to assess and what city-hired realtors determined for property valuations. Photo by Michael Schaffer/Daily Iowegian
Share your thoughts!
The Daily Iowegian welcomes your thoughts and your opinions, including unpopular ones. We ask only that you keep the conversation civil and clean. We reserve the right to remove comments that are obscene, racist or abusive and statements that are false or unverifiable. Repeat offenders will be blocked. You may flag objectionable comments for review by a moderator.
February 22, 2013
Preliminary special assessments for property owners in street improvement project area
- Local News
-
-
Local doctor retires after 37 years
Thirty-seven years ago, Dr. Brad McConville returned to Centerville and began to practice what was described at the time as his “brand of medicine.” His brand of medicine included a solo practice in the early years which included being on call at all
- Administrator candidate What started as a list of 11 potential administrators for the city of Centerville has been narrowed down to five, four men and one woman. The Centerville City Council Tuesday night, June 4 during a work session meeting at City Hall were guided throug
-
FFA donates to Oklahoma chapters
The Centerville FFA officers went into quick action when they heard about the tornadoes in Oklahoma. With some research, the Centerville FFA officer team got into contact with the Oklahoma State FFA officers and was able to get a list of items the El
-
Gheer to compete at world's largest junior high rodeo
Camy Gheer, an eighth-grade student at Moravia Community School, has earned a position on the Iowa National Junior High rodeo team and will travel with fellow teammates to Gallup, N.M. June 23-29 to compete at the ninth annual National Junior High Fi
- Centerville City Council agenda for 06/17/2013 Centerville City Council The Centerville City Council will meet Monday, June 17 at 5:30 p.m. at City Hall. Items on the agenda include approval of June 3 meeting minutes, approval of June 4 meeting minutes, approval of April 5 Appanoose County LEPC
-
Changes coming to IHCC campus
Monday's Indian Hills Community College board of trustees meeting agenda contained several items that may interest Centerville residents. One was the year-end report by Joe Starcevich, dean of the IHCC Centerville campus; another was an update on the
- Agendas for Appanoose County Board of Supervisors and Appanoose Soil and Water Conservation District for June17 Appanoose County Board of Supervisors The Appanoose County Board of Supervisors will meet Monday, June 17 at 9 a.m. in the boardroom of the Courthouse. Items on the agenda include approval of June 3 meeting minutes, deputy appointment for Treasurer's
- SIEDA assists disaster grant program SIEDA assists disaster program OTTUMWA -- SIEDA Community Action is now assisting low-income households in Appanoose, Davis, Jefferson, Keokuk, Mahaska, Van Buren and Wapello counties in the application process for the state's disaster grant program
- Administrator candidate What started as a list of 11 potential administrators for the city of Centerville has been narrowed down to five, four men and one woman. The Centerville City Council Tuesday night, June 4 during a work session meeting at City Hall were guided throug
-
Greg Hawk retires from baseball
A Centerville native retired this June after a 30-plus career playing and teaching the game of baseball. Greg Hawk attended and graduated from Centerville High School in 1976. He was a three-sport student-athlete competing in baseball, basketball and
-
American Girl Doll program
Some libraries have initiated a successful program to loan American Girl Dolls to young patrons. The Drake Public Library in Centerville has decided to give it a try. Some fun activities will be planned involving the dolls. If you have an American
- Correction In the story, "Mystic councilman resigns," published Tuesday, June 11, 2013, based on previously published Mystic special council meeting minutes, Kecia McFarland made a request for minutes "stating" the city council and mayor were aware of the commu
- Free wetlands field tour June 20 near Centerville Women who own or manage farmland in south central Iowa are invited to participate in a free conservation field tour focusing on wetlands Thursday, June 20 near Centerville. The event, sponsored by Women, Food and Agriculture Network, is part of a pro
- Probation for Wayne County men Two Corydon men arrested in December of 2012 and charged with multiple drug offenses were recently sentenced to suspended prison in Wayne County. Roy Leonard Wilcox, Jr., 44, was sentenced May 30 by Judge Martha L. Mertz to a fine, 10 years in state
-
Three officers injured following Sat. night pursuit
An Appanoose County man is in custody after leading police on a high-speed pursuit in Centerville Saturday night, which left three officers with minor injuries. Byron Dean Foster, 32, of Exline, is facing 13 charges after police say he led them on a
- More Local News Headlines
-
