HomeMy WebLinkAboutCRC-09-2001 Huffer PropertyCITY OF CARMEL REDEVELOPMENT COMMISSION
RESOLUTION No. 9-2001
WHEREAS,.James E..and Betty J. Huffer, the owners of real property located at
800 South Range Line Road, Carmel, Indiana 46032 (the "Huffer Property") have filed
against the City, in Hamilton Superior Court No. 3, a "Verified Complaint for Temporary
Restraining Order, Permanent Injunction, Declaratory Judgment, and Damages",
designated as Cause No. 29 D 03-0107-CP-88, in which the owners have sought to obtain
a judicial riling that the Goodyear store formerly located on the Huffer Property should
be.allowed to re-open; and
WHEREAS, the referenced Cause was set for a hearing by the Court for July 20,
2001, but the parties tentatively agreed to a partial settlement of the action before the
hearing was held; and
WHEREAS, Counsel for the City agreed, subject to the-approval of the
Redevelopment Commission, that the referenced Cause should be converted to an inverse
condemnation action, under which the taking of the Huffer Property would be approved
by both parties and the City would deposit with the Court the amount.of $700,000, in lieu
of such amount as would otherwise be determined pursuant to a report of court-appointed
appraisers, with both parties reserving the right to further litigate respecting the amount
of damages as a result of such taking;
NOW, THEREFORE, the Carmel Redevelopment Commission hereby
provisionally approves such partial settlement of the referenced Cause, including the
deposit of $700,000 in respect to the taking of the Huffer Property, subject to the filing of
all necessary pleadings to duly convert the Cause to an inverse condemnation action, with
the right of the City to litigate the issue of damages and with the Chair of the
Redevelopment Commission to review and approve the provisions of all such pleadings
before their filing.
Adopted this 7ch day of August, 2001, by a vote of 5 ayes and 0 nays,
vredevccm Vesolu6on 9-2001.doc