HomeMy WebLinkAboutCorrespondence: Charlie Frankenberger 03.21.13NELSON & FRANKENBERGER
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHINAVER
LAWRENCE J. KEMPER
JOHN B. FLATT
FREDRIC LAWRENCE
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
3105 EAST 98TH STREET, SUITE 170
INDIANAPOLIS, INDIANA 46280
PHONE: 317- 844 -0106
FACSIMILE: 317- 846 -8782
March 21, 2013
John Molitor
9465 Counselors Row
Indianapolis, IN 46240
Via email: jmolitor @prodigy.net
Re: Westmont PUD Ordinance Z- 507 -07 (the "Westmont PUD ")
JANE B. MERRILL,
Of Counsel
JON C. DOBOSIEWICZ,
Land Use Professional
Dear John,
I represent Sweet Charity Estates, LLC, which is the owner of the land within the Westmont
District. The Westmont PUD is applicable to the Westmont District. Section 4.3 of the
Westmont PUD provides as follows:
Each Dwelling in the Westmont District shall be built by a builder which, during
each of the five (5) calendar years prior to the commencement of construction of
such Dwelling in the Westmont District, has built fewer than one hundred (100)
Dwellings per calendar year" (the "Provision ").
The purpose of this letter is to advise you that if the City does not quickly take action
necessary to repeal or render inapplicable the Provision, Sweet Charity Estates, LLC will have
no alternative but to initiate litigation seeking declaratory judgment that the Provision is illegal
and without force and effect.
Please let me know when you have a chance to further discuss this. Thank you.
Very truly yours,
e- /,/w,e--
Charles D. Frankenberger