The Grundy County Commission planned to issue a check for $148,688 to Jim McCarty this morning for the purchase of the former Nisbeth-Seidel building, but the issuing of the check does not rule out further legal action in the case.
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The Grundy County Commission planned to issue a check for $148,688 to Jim McCarty this morning for the purchase of the former Nisbeth-Seidel building, but the issuing of the check does not rule out further legal action in the case.
The property, located at 610 Main St., is needed to construct a new county-city law enforcement facility. The purchase price was set by a three-person commission appointed by Third Judicial Circuit Judge Andrew Krohn during a condemnation hearing held June 16. That commission, comprised of Gerald Gooch, Chris Hoffman and Mack Woodard, filed papers Friday setting the purchase price at $148,688.
Allan Seidel, who is representing the county in this case, said either side now has 30 days to file exceptions in the case, basically appealing the commission?s decision on the purchase price. Seidel said the purchase of the property was expedited through the condemnation process, with the purchase price still debatable if either side chooses to file exceptions. If that occurs, a jury would hear the arguments and set a fair purchase price for the property. While the price can still be challenged, the county is required to issue a check at this time, with any adjustments needed following a jury decision to be done at that time.
Seidel noted that in the June 16 hearing, Judge Krohn addressed a motion by McCarty?s attorney for a change of venue. During the hearing, Judge Krohn said that the time to consider such a request would be after the commission had set a price and if and when exceptions are filed by either side.
The county commission has been in negotiations with McCarty for several months, with the county?s final offer coming in at $91,800. McCarty?s final counter-offer was $216,000. The two sides had reached an agreement of $101,000 in the fall of 2002, which was contingent on a one-half cent sales tax being approved by voters in November 2002, which did not occur. The tax was approved on Feb. 8, 2005.
The county will be in court again on July 14 in a condemnation suit against Gary and LeJean Hanes over property located at 609 Washington St. that is also needed for the law enforcement center project. That hearing is scheduled for 2:30 p.m.