The Gary Housing Authority, which attempted to exercise a prominent estate and take a property valued at $ 325,000 for $ 75,000, will have to overturn the demolition team after the Court of Appeals for Indiana estimated that the agency had not given at least 30 days’ notice. of his projects.
The Gary Housing Authority initiated eminent domain proceedings against 624 Broadway LLC to acquire property as an administrative take under Indiana Code, §§ 32-24-2-1 through -17, known as of “chapter 2”. A date for a public hearing on the resolution allowing the Régie du logement to exercise a prominent domain has been set for September 19, 2019, but the Régie du logement did not publish a notice until August 21 and 28. Further, the Housing Authority did not send notice of the resolution to 624 Broadway registered agent John Allen.
At the September 19 hearing, the housing authority upheld the resolution, then passed a second resolution that listed 624 Broadway as the only landlord affected and established damages of $ 75,000 for the taking of the land. Another hearing was scheduled for October 17, but the notice was not published until September 21, 28 and October 5.
Although he has not yet received a written notice, Allen learned of the October 17 hearing and, during the proceedings, asked the housing authority to wait until the assessor at 624 Broadway had completed the assessment. But the housing authority upheld the September 19 resolution and issued a check for $ 75,000 to 624 Broadway. Less than two weeks later, the appraiser determined that the property had a fair market value of $ 325,000.
Seeking an injunction, 624 Broadway filed a lawsuit alleging a violation of its constitutional and statutory procedural rights as well as a claim for damages. The Housing Authority filed a motion for summary judgment, which Lake Superior Judge Stephen Scheele granted.
On appeal, the Court of Appeal agreed with 624 Broadway that the housing authority’s use of the prominent estate violated the state owner’s statutory rights to notice and to be heard.
The unanimous panel concluded that the housing authority violated IC 32-24-2-6 (b) by failing to inform Allen of the resolution and by failing to give the public at least 30 days’ notice of the meeting. Further, the court noted that the housing authority had violated IC 32-24-2-8 (b) by failing to serve Allen notice of the October 17 hearing and failing to act. not complied with IC 32-24-2-8 (d) when it has not provided at least 30 days’ notice of such hearing.
Finding that the housing authority had failed to comply with the procedural notification requirements of Chapter 2, the appeals court overturned the grant of the summary judgment.
“The failure of the Gary Housing Authority to properly serve 624 Broadway and its inability to hold its damages hearing at least thirty days after the date of last publication contributed to 624 Broadway’s inability to obtain its own valuation of the property prior to the Oct. 17 hearing and 624 Broadway’s inability to present concurrent evidence of its damages at that hearing, ”Judge Paul Mathias wrote for the court. “We cannot say with certainty that if the Gary Housing Authority had complied with Chapter 2, as it was required to do, it would have assessed the same amount of damage for the property at 624 Broadway.”
The case is 624 Broadway, LLC v Gary Housing Authority, 21A-CT-653.