Witham, Hebenstreit & Zubek, LLP to Karl Haas C
�WHITHAM,_HEBENSTREIT'& 'ZUBEKALP
ATTORNEYS AT LAW
Larry F.Whitham Of Counsel
Michael J.Hebenstreit John M. Ross
S.Gregory Zubek David L. Carter
Associate 'Registered Paralegal
Eric N. Engebretson October 5, 2004 Edna M.Wallace R.P.
Mr.Karl Haas
WALLACK SOMERS& HAAS, PC
One Indiana Square, Suite 1500 -
Indianapolis, IN 46204
RE: City of Carmel vs. James E. Huffer, et. al.
Cause No: 29D01-0207-PL-552
File No: C335 (1)
Dear Karl:
This letter is a follow up to our phone conversation of this morning. Enclosed herewith is a copy
of the Report of Appraisers that was filed by the 3 court appointed appraisers in the above referenced
case. Pursuant to Indiana Code 32-24-1-10, upon payment of the court award to the clerk, in this case
$1,800,000,the plaintiff may then "...take possession of and hold the interest of the property so acquired
for the uses stated in the complaint..." Hence, the Court award must be deposited for Carmel to take
possession. Further,you may recall that the issue of the timing of the deposit was raised in the September
17, 2004 pretrial and I advised the court that deposit was anticipated in about 30 days. I hope that the
deposit will be made in that time frame or there may be litigation over this issue as the landowner
threatened to file a motion to dismiss.
Both sides filed exceptions to the award and there will be a trial on damages. If the verdict and
judgment thereon is less than the $1.8 million, then the landowner and tenant will be responsible for
returning money to the court.
Feel free to contact me to discuss this matter.
Very/ yo. s,
I iti
rego ! Z. .1/
SGZ:Imb
Enc.
cc: Les Olds
City of Carmel
1 Civic Square
Cannel, IN 46032
R:\C335\(1Maas ltr 10-5-04.doc
Market Square Center, Suite 2000, 151 North Delaware Street,Indianapolis, IN 46204
(317) 638-5555 • Fax: (317) 638-5533
AV
STATE OF INDIANA ) HAMILTON SUPERIOR COURT NO. 1
)SS:
COUNTY OF HAMILTON ) CAUSE NO.: 290D1-0207-PL-552
CITY OF CARMEL, INDIANA, )
on behalf of ITS DEPARTMENT OF )
REDEVELOPMENT FOR THE )
CARMEL REDEVELOPMENT )
COMMISSION, )
)
Plaintiff, ) d
) rn t ; t,
ai:a.
V. ) i f y r'Lx
}F CA)
JAMES E.HUFFER, as Trustee of the ) f
DECLARATION OF TRUST OF ) 1,
JAMES E. HUFFER DATED ) n �?�
APRIL 23, 1997, BETTY J. HUFFER, ) to
as Trustee of the DECLARATION OF )
TRUST OF BETTY J. HUFFER DATED )
APRIL 23, 1997, )
THE GOODYEAR TIRE AND RUBBER )
COMPANY, an Ohio corporation, and )
SALLY WILSON, in her capacity as ) ;
Treasurer of Hamilton County, )
)
Defendants. )
REPORT OF APPRAISERS
We, the undersigned appraisers in the above-entitled proceeding, appointed by the
Honorable Steven Nation, Judge of the Hamilton Superior Court on the 3rd day of
October , 2003, after being duly sworn by the Clerk of the Hamilton
Superior Court to honestly and impartially assess the damages that may be sustained by
or result to the above-named Defendants James E. Huffer, as Trustee of the Declaration
of Trust of James E. Huffer, Betty J. Huffer, as Trustee of the Declaration of Trust of
Betty J. Huffer and The Goodyear Tire and Rubber Company, by reason of the
appropriation described in the complaint in said proceeding,met at the office of the
Hamilton Superior Court, at 9:00 a.m. on the day of October 3 ,2003,
and after being duly sworn and instructed by the Court as to our duties as appraisers,
proceeded in a body to view said property that will be affected by said appropriation and
to assess and appraise the damages sustained and resulting to the Defendants by reason of
the appropriation of the real estate, now report the damages to said Defendants to be as
follows:
The value of the property of the Defendants being appropriated, as described in
the Court's order, we find to be the sum of
One Million Eight Hundred Thousand Dollars($1,800,000.00 ). This
value is of the whole acquisition.
Having been instructed that the Huffers are the fee simple owners of the real
estate and that Goodyear is a tenant of the Huffers and having been provided a copy of
the lease,we apportion our award of damages as follows:
a) $1,416,000.00 Dollars to Defendants, Huffers
b) $ 384,000.00 Dollars to Defendant Goodyear
November 24, 2003
Date
5z4,
(2-16
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