409 Burch Street case starts over
After the property owner sues for lack of notice, city re-serves him with a ‘public nuisance’ declaration
Tuesday, October 28, 2008
John White’s years-long battle with the city of Dubuque continues. Renovations of White’s house at
The Council declared the property a public nuisance last year and voted, 4-3, in May to begin the eminent domain process. Last week, the city dismissed its application for condemnation, but only temporarily, according to City Attorney Barry Lindahl.
“John White filed a lawsuit challenging whether we could begin condemnation,” Lindahl said. “He says he never received notice of the City Council’s intent to declare the property a public nuisance.
“Lindahl said the city will continue with eminent domain once White’s lawsuit can be addressed. The city is using a clause in state law that allows a city to take over a property because its condition is considered a public nuisance.
“We now have re-served him with the City Council declaring the property a nuisance,” Lindahl said. “The only thing we’ve done as far as the condemnation is set the fair market value of the property.
“The city has set the price of the unfinished home at $34,000, which it would pay White if eminent domain takes place. White said he has invested thousands of dollars into the house and plans to begin working on it again now that the city has dismissed its case.
“This next week, we’re going to work on the exterior of the house for a couple of days and then move inside,” White said. “The heating system is going in, and we’ll be living in there as quick as we can.
“White has been slowly restoring the 112-year-old house for many years, and the pace of the project has exasperated officials, who began providing the City Council with regular updates on White’s progress in 2004. White originally was cited with violations after neighbors complained about construction materials on the property. Scaffolding still stands on the south side of the house and limestone blocks are stacked in the rear. White said the property owners who filed the complaint no longer live there and that he has heard nothing but support for the project.
“People keep coming up to me and asking why the city is doing this,” White said. “It seems like a personal vendetta to me. It’s a historic house, even though it’s not in a historic district, but there are homes all over downtown that didn’t have a fire that people aren’t doing anything with.”
Lindahl said if White would at least finish the exterior of the house, it might be enough to persuade the City Council to let him keep it.