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Monday, August 12, 2013

Ind. Courts - "Utica group opposes ministry's plan for old school"

From the Aug. 7th Louisville Courier Journal, this story by reporter Charlie White that begins:

A group of Utica residents is asking the Indiana Court of Appeals to hear its case against township Trustee John Durbin and Jacob’s Well, the ministry leasing and renovating a former elementary school that’s owned by the township.

Old Utica School Preservation Inc. claims in the suit that the ministry’s plan to house battered women and children violates a deed restriction that was put in place when the Greater Clark County School Corp. donated the property, 605 Old Salem Road, to the township in February 2002.

Specifically, the deed states the property “shall be used by Utica Township solely for park and recreation purposes.” * * *

Special Judge Glenn Hancock, of Floyd County, dismissed the lawsuit on March 11, stating the preservation group and adjoining property owners Kenny Morrison and Scott and Pam Sanderfur, do not have standing for a judgment.

“The Plaintiffs are not a party to said contract, have not shown any demonstrable injury and have only the general interest of the public,” Hancock wrote in his ruling.

Posted by Marcia Oddi on August 12, 2013 08:59 AM
Posted to Indiana Courts