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207546 03/26/2012 CITY OF CARMEL, INDIANA VENDOR: 00351506 Page 1 of 1 ONE CIVIC SQUARE JOHN R. MOLITOR CARMEL, INDIANA 46032 DO NOT MAIL CHECK AMOUNT: $4,112.50 9465 COUNSELORS ROW, SUITE 200 CHECK NUMBER: 207546 INDIANAPOLIS IN 46240 CHECK DATE: 3/26/2012 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1192 4340000 C12 -86 3,587.50 LEGAL FEES 1192 4340000 C12 -87 525.00 LEGAL FEES MEMORANDUM TO: Mike Hollibaugh, DOCS Directo FROM: Douglas C. Haney, City At rney RE: John R. Molitor Invoice No. C 12- U. S. Architects (and Bowens) Litigation For Services Rendered 12/1/11 03/15/12 DATE: March 19, 2012 Mike, Attached is John Molitor's Invoice No. C 12 -87 dated March 16, 2012 in the amount of $525.00 regarding services provided to the Plan Commission and Board of Zoning Appeals in the U. S. Architects (and Bowens) litigation from 12/1/11 03/15/12. 1 recommend you issue a purchase order in the amount of $525.00 in payment of this invoice. Please let me know PROMPTLY if you have any questions regarding this memorandum or payment of the attached invoice. /cjn [eb:— ord:z:te basslnry doc IIisloutsidecounsellnxtlitorQ01 Nis architects 9c 12- 87.doc:3/19/121 John R. Molitor Attorney at Latin (317) 843 -551 1 9465 Counselors Row, Suite 200 Fax (317) 805 -4723 Indianapolis, IN 46240 -6150 e- mailjmolitor @prodigy.net PROFESSIONAL SERVICES INVOICE Date: March 16, 2012 Invoice No. C 12 -87 Re: Plan Commission and Board of Zoning Appeals Additional Work Relating to BZA Litigation with U.S. Architects (and Bowens) December 1 -March 15, 2012 To: City of Carmel One Civic Square Carmel, Indiana 46032 Attn: Michael Hollibaugh, Department of Community Services cc: Douglas C. Haney, City Attorney DATE DESCRIPTION OF SERVICES *HOURS 1/26/12 Review plaintiff U.S. Architects' proposal for an agreed 1.0 judgment of the parties; calls with staff re ramifications of proposal. 2/2/12 Meet with D. Haney and M. Hollibaugh re status of case 1.0 and possible settlement. 2/22/12 Draft and transmit email to counsel re Board's response to 1.0 proposed agreed judgment. SUMMARY OF INVOICE *Total Hours: 3.0 Attorney Hours Hourly Rate: $175.00 per hour 525.00 NET DUE THIS INVOICE: 525.00 For Services Rendered 12/1/11 through 3115112 J MEMORANDUM. ,f l TO: Mike Hollibaugh, DOCS Director* FROM: Douglas C. Haney, City Attorn e� X12 l RE: John R. Molitor Invoice No. CI Kensington Place Homeowners Association (Justus Homes, Inc.) Litigation For Services Rendered 12/01/11 03/15/12 DATE: March 19, 2012 Mike, Attached is John Molitor's Invoice No. C 12 -86 dated March 16, 2012 in the amount of $3,587.50 regarding services provided to the Plan Commission and Board of Zoning Appeals in the Kensington Place HOA litigation from 12 /01/11 03/15/12. I recommend you issue a purchase order in the amount of $3,587.50 in payment of this invoice. Please let me know PROMPTLY if you have any questions regarding this memorandum or payment of the attached invoice. /cjn [eb:mswordxz c basslnry documents 'outsidecottnsebmolitor1201 Mensing ton place hoa #c IM6.dccdl l 91121 n TY'a John R. Molitor Attorney at Law (317) 843 -5511 9465 Counselors Row, Suite 200 Fax (317) 805 -4723 Indianapolis, IN 46240 -6150 e -mail jmolitor @prodigy.net PROFESSIONAL SERVICES INVOICE Date: March 16, 2012 Invoice No. C 12 -86 Re: Plan Commission and Board of Zoning Appeals Additional Work Relating to Plan Commission Litigation with Kensington Place Homeowners Association (Justus Homes, Inc.) December 1, 2011 -March 15, 2012 To: City of Carmel One Civic Square Carmel, Indiana 46032 Attn: Michael Hollibaugh, Department of Community Services cc: Douglas C. Haney, City Attorney DATE DESCRIPTION OF SERVICES *HOURS 12/12/11 Attend court hearing and make argument supporting 2.5 Commission's motion to dismiss original petition; meet with B. Babb (Justus' attorney) re case strategy. 12/20/11 Review petitioner's pleading as submitted during Dec. 12 3.5 hearing; research case law and discuss with B. Babb; draft Commission reply to Dec. 12 pleading. 12/27/11 Finalize draft and file with court Commission's reply to 1.5 petitioner's Dec. 12 pleading. 1/4/12 Review court order granting Commission's motion to 1.0 dismiss petition under TR.12(B)(6) without prejudice; research case law re nd discuss strategy with B. Babb. 1/24/12 Review petitioner's motion to file amended petition and 1.0 court order granting motion; research case law and discuss strategy with B. Babb. 2/21/12 Draft Commission's answer to amended petition and 3 motion for judgment on the pleadings /motion to dismiss; discuss with B. Babb. 2/22/12 Finalize draft and file answer to amended petition along 1.0 with motion for judgment or dismissal of amended petition. 2/27/12 Attend show -cause hearing on whether court should now 3.5 issue writ of certiorari to Commission; make argument that case is now ripe for dismissal or judgment on the pleadings; review petitioners' response to Commission's motion as filed in open court. 2/28/12 Draft and file supplemental reply to petitioners' Feb. 27 2.5 response. 3/13/12 Review court entry of judgment in favor of Commission, 1.0 along with order permitting Justus Homes to seek reimbursement for its attorney fees; consult with Commission staff and schedule executive session to discuss matter with Commission members. SUMMARY OF INVOICE *Total Hours: 20.5 Attorney Hours Hourly Rate: S175.00 per hour S 3,587.50 NET DUE THIS INVOICE: S 3,587.50 For Services Rendered 12/1/11 through 3115112 Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 03/16/12 C 12 -87 RE: BZA litigation US Arch itects/Bowen s $525.00 03/16/12 C 12 -86 Service re: Kensington $3,587.50 I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6 20 Clerk- Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 John Molitor IN SUM OF 9465 Counselors Row, Suite 200 Indianapolis, IN 46240 -6150 $4,112.50 ON ACCOUNT OF APPROPRIATION FOR Carmel DOCS PO# Dept. INVOICE NO. I ACCT #(TITLE AMOUNT Board Members 1192 C 12 -87 43- 400.00 $525.00 I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the 1192 C 12 -86 43- 400.00 $3,587.50 materials or services itemized thereon for which charge is made were ordered and received except Thursday, March 22, 2012 A irector Title Cost distribution ledger classification if claim paid motor vehicle highway fund