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New Trial Being Sought In Land Condemnation Case
Pope County Tribune - Starbuck Times
Written by Chad Koenen - Starbuck Times New Editor   
Wednesday, 03 September 2008 13:49

Lawyers representing Shelley M. Grimsley have filed papers in Pope County District Court asking for a new trial in a long-standing condemnation case between the City of Starbuck and Grimsley.

CityOffNewBuld07 02_275The property in question, which is now being used as the back parking lot of the Starbuck Community Center, has been at the heart of a condemnation case between the two parties since it was first filed in court in November of 2006.

During the July 21 jury trial, the jury awarded Grimsley $13,500 as compensation for the piece of land condemned by the city. City Attorney John Lervick said the decision of $13,500 for compensation was an "absolutely fair decision" by the jury.

"That's what we have juries for and that's what the jury decided," Lervick said. "The jury decided the fair value of the property was $13,500."

However, Douglas Kluever, who is representing Grimsley in the condemnation proceedings, said they are asking for a new trial, in part, because the testimony of one of their witnesses was not allowed during the jury trial. He said given the circumstances, the $13,500 compensation awarded by the jury to Grimsley may not be enough. A hearing requesting a new trial is scheduled for September 26 in Pope County District Court.