Opinion
Civil No. 2:01CV00490.
March 23, 2006
GREGORY G. LOCKHART United States Attorney
MARK T. D' ALESSANDRO (0019877) Assistant United States Attorney Attorney for Plaintiff Columbus, Ohio.
DANIEL J. IGOE (0009568) Counsel for Defendants Daniel J. Igoe, Cecilia J. Galbraith, W. Scott Newcomb, Stephen Newcomb, and R. Brian Newcomb Columbus, Ohio.
FINAL JUDGMENT
Pursuant to a Stipulation for Final Judgment entered into between the plaintiff United States of America and the defendants, Daniel J. Igoe, Cecilia J. Galbraith, W. Scott Newcomb, Stephen Newcomb, and R. Brian Newcomb, and filed herein, the Court, being fully informed, finds:
I
That the Complaint in Condemnation in this action was filed on May 25, 2001.
II
That the property, subject of this Final Judgment, is situated in the State of Ohio, County of Franklin, and is more particularly described in the Complaint in Condemnation on file herein.
III
That the use for which the property, subject of this Final Judgment, was temporarily taken was one authorized by law, and the property and the temporary taking thereof was necessary and suited to such use.
IV
That the estate and interest to be acquired in and to the property is fully set forth in the Complaint in Condemnation on file herein and is hereby incorporated as if fully set forth.
V
That all persons interested directly or indirectly in the property have been served with notice or have otherwise appeared in this action; that the property, together with all claimants and parties interested therein, is within the jurisdiction of this Court, which has power and authority to enter this Final Judgment.
VI
That in and by the terms of a written Stipulation filed herein, the defendants, Daniel J. Igoe, Cecilia J. Galbraith, W. Scott Newcomb, Stephen Newcomb, and R. Brian Newcomb, have agreed to accept the sum of FOUR THOUSAND AND NO/100 DOLLARS ($4,000.00), inclusive of interest, for the temporary taking of their interest in the property, and the Court finds such sum to be full, adequate and just compensation for such taking, and for any damages resulting therefrom.
VII
That defendants, Daniel J. Igoe, Cecilia J. Galbraith, W. Scott Newcomb, Stephen Newcomb, and R. Brian Newcomb, have warranted that they have the exclusive right to the compensation herein, excepting the interests of parties having liens or encumbrances of record and unpaid taxes and assessments, if any, and that no other person or entity is entitled to the same or any part thereof, and that said defendants, Daniel J. Igoe, Cecilia J. Galbraith, W. Scott Newcomb, Stephen Newcomb, and R. Brian Newcomb, shall be responsible for all taxes, assessments, liens and encumbrances against the property.
VIII
Now, therefore, it is ORDERED, ADJUDGED AND DECREED that the sum of FOUR THOUSAND AND NO/100 DOLLARS ($4,000.00), inclusive of interest, is hereby awarded to the defendants, Daniel J. Igoe, Cecilia J. Galbraith, W. Scott Newcomb, Stephen Newcomb, and R. Brian Newcomb as full, adequate and just compensation for the temporary taking of their interest in the property described in the Complaint in Condemnation.
It is further ORDERED that the plaintiff United States of America deposit in the Registry of the Court the sum of FOUR THOUSAND AND NO/100 DOLLARS ($4,000.00), inclusive of all sums previously deposited.
It is further ORDERED that upon deposit of said sum, the Clerk of this Court is hereby authorized and directed to disburse from the funds on deposit in this proceeding the sum of FOUR THOUSAND AND NO/100 DOLLARS ($4,000.00), inclusive of interest:
TO: Daniel J. Igoe Counsel for Defendants Daniel J. Igoe, Cecilia J. Galbraith, W. Scott Newcomb, Stephen Newcomb, and R. Brian Newcomb 60 East Broad Street, Suite 400 Columbus, Ohio 43215
Whereupon this case is closed.