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Last updated on Wednesday, May 8, 2013
(MITCHELL) - The Mitchell City Council reappropriated funds to settle a land dispute relating to the construction of Doc Hamilton Boulevard.
The incident was settled out of court after more than four years of debate.
According to Mayor Gary Pruett, when the city constructed Doc Hamilton Boulevard, it needed nearly 41⁄2 acres of land owned by the Cogswell family to build the road.
The Cogswell family disputed the amount appraisers estimated the land was worth, sending the matter into court. In the meantime, the city of Mitchell used its powers of eminent domain to take the land to construct the road. The city put aside the amount court-appointed appraisers valued the property at $26,500 and the issue remained unsettled.
The court requested the dispute go to mediation before it was brought before a jury trial.Pruett, along with city attorney Byron Steele, joined the Cogswell family and its attorney to mediate a settlement. The two sides agreed upon a settlement of $60,000 for the land.
The additional appropriation was for $33,500 since the first $26,500 was already set aside for the land.
When council member Vicky Schlegel noted the amount was a lot more than she believed should be spent on a parcel of land, Steele said, "It's more than the city initially offered and less than they (the Cogswells) wanted. It was the city's best interest to settle this because of some of the drainage issues." Steele said, with the agreement, the Cogswell family agreed to waive any future issues or claims against the city related to adverse water drainage in the area.
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