ODAM Law

Business owner files suit against city for relocating costs

26th January 2008

Business owner files suit against city for relocating costs

Date: 1/26/2008

by MATTHEW OLSON 

KENOSHA NEWS

A business owner is suing the city after running into higher-than-expected costs for his relocated building.

Brian Ambrosini has owned Precise Auto Body at 6310 20 th Ave. for about 19 years. The city bought his property in 2006 to help widen Highway 50. Ambrosini then planned to relocate his business near 30 th Avenue and 52 nd Street.

The two sides agreed on a price for moving expenses and relocation at that time. But Ambrosini said his expenses have added up more than he expected.

“It costs me a lot to build that building,” Ambrosini said. “I don’t think it’s fair what they offered.”

Ambrosini then filed a suit against the city about three months ago.

Ambrosini did not set an amount of damages he was seeking. He was seeking compensation for having his business relocated by eminent domain, the loss of goodwill and the costs he incurred.

Robert DuMez, an attorney representing the city, suggested the suit fails to state a claim where relief can be given, Ambrosini did not lessen his damages and the claim was barred by the statute of limitations according to court documents.

City Attorney Patrick Sheehan said the city feels they have lived up to their agreement. “The city believes we have followed the proper procedure,” Sheehan said. “And the city believes the suit borders on the frivolous.” Ambrosini said the actual costs of a new building ended up being about $60 more a square-HELLO, AMERICA. Let me be the first to say, I am so tired of reading about the immigrants this, the immigrants that. We need to get rid of the immigrants. If they were to truly buckle down and get rid of all the immigrants, there would be no America. Excuse me, but this country was founded by immigrants. Does it ring a bell that the Indians were here first? Anyone after them is known as an immigrant. Get a life and get over yourselves. Move over and make room for fellow immigrants.

THIRTY MILLION illegals in America. The churches in Kenosha all have a special Mass in Spanish and provide free legal information. This should stop. This is America. Learn to speak English. If you are illegal, arrange to come here in the correct and legal way, and wait your turn like everyone else did. Enough.

I WOULD like to know who makes the decision to close the library for three days on both holidays and weekends. It’s ridiculous. It’s meant to serve the public. Why can’t it be open on Sunday and close early on Monday? There are people who don’t have anywhere else to go. It’s a nice place to go and spend time. It’s taxpayer-funded, so I really would like to make that decision. I don’t believe it’s the right thing to do.

I, TOO, am calling about Time Warner Cable. If you want to call customer service, they transfer you to Arizona. It is an Arizona firm, an independent contractor, it is not foot ($135 compared to $75) than was originally expected.

“The city wanted me to do that at my expense for something I didn’t want to do,” Ambrosini said. “Their original offer was under the assumption that we could build for $75 a square foot. Then they said we don’t have to give you that quote.”

Ambrosini also said city-required additions added to his costs and the taxes for the new property would also be about eight times higher, Ambrosini said.

Both sides also agreed to having the old building vacated by Jan. 31.

Ambrosini said construction on the new building has been delayed due to weather, but he still hoped to move by the third week in February.

Ambrosini said the city has indicated it would use legal action to get him out of the building if he had not moved out by Feb. 1 and he questioned the city’s rush.

“What do they have to do here by Feb. 1?” Ambrosini said. “The Carquest building has been empty for three weeks and they haven’t done anything with it.”

Sheehan said the agreed date was set.

“The lease agreement is the lease agreement,” Sheehan said. “It has an expiration date of January 31 st. What happens after that will be dictated by a number of factors.”

One of those factors is the progress on that move.

“If that move does not happen, we will have to take a look on the 31 st and see how close Mr. Ambrosini is to completion,” Sheehan said. “The lease that Mr. Ambrosini has is very clear in those terms.”

Community Development Specialist Zohrab Khaligian said the Precise Auto Body building was part of a series of buildings that need to be torn down as part of the widening of Highway 50.

“Both Precise Auto Body and Carquest executed leases last June and the deadline for vacating is at the end of the month,” Khaligian said. “The plan is to demolish both buildings as soon as possible so the land can be cleared.”

The former Global Travel building has already been torn down. And Khaligian said the goal is to get work started on the road in the near future.

“We’re looking to start construction in August and having these buildings down would facilitate that schedule,” Khaligian said.

A scheduling conference is scheduled for Feb. 7 in this suit.