Whitley Couple Accept $75,000 For Winona Property
July 28, 2016 at 4:25 p.m.
Two weeks away from a trial by jury, Ralph and Joellen Fitch of Larwill accepted an amount of $75,000 Nov. 3 for their property at 800 Park Ave., Winona Lake.
The Whitley County couple purchased the property in 1992, renting out apartments on a weekly basis.
Six years later the building was inspected by the Kosciusko County Health Department and cited for numerous health code violations.
In 2000 the property was designated as blighted by the Winona Lake Redevelopment Commission. An area designated as blighted means the commission decided there is a better use for that parcel and it did not conform to the use of other property around it.
Town coordinator Craig Allebach said then the property deteriorated to the point it did not fit in the area for economic growth as far as the Tax Increment Financing District was concerned.
Standing on the northeast corner of an area commonly known as the Village at Winona, at the corner of Park Avenue and Canal Street, the house is surrounded by property owned by Winona Restoration Partners. The two-story dwelling is surrounded by specialty shops. The village is zoned as a planned unit development to the south and west of the house. A parking lot belonging to Winona Restoration Partners is to the north and Hillside Park, also belonging to Winona Restoration Partners, is across Park Avenue to the east. The shops have both commercial and residential uses.
An offer to purchase the property for $35,000 was rejected by the Fitches.
In December 2001 the Winona Lake Redevelopment Commission exercised the right of eminent domain by condemnation on the two-story apartment building to "promote the use of land in the manner that best serves the interests of the town and its inhabitants" by filing a lawsuit in Kosciusko County Superior 1.
Because the Fitches are entitled to damages under Ind. Code 36-7-14-12.2, three appraisers found $75,000 to be the fair market value of the property in July 2002.
The town did not deposit the money until May 15, 2003, effectively taking title on that date.
In the meantime the Fitches requested a trial by jury, which was scheduled to begin Nov. 12.
"I'm surprised they didn't go to trial," said Dan Sigler, the Fitches Columbia City attorney, talking about the case Friday.
"They had the right to the trial which could have given them more in damages, or less, as the jury determined. In essence, this ends the case."
The money had been available to the couple since it was placed on deposit.
In June the town began collecting the weekly rent from the four tenants at 800 Park Avenue, a process Allebach said didn't last too long.
"Half of them 'flew the coop' in the middle of the night, the others were gone in the next two months," he said.
The building has been vacant since then.
"Conditions inside there are pretty bad," Allebach said Friday.
Because ownership of the property came to the town under eminent domain conditions particulars of the sale, are fairly specific according to IC 36-7-14-22.
The redevelopment commission is two secure two separate appraisals of the sale value The appraisals are solely for the information of the commission, and are not open for public inspection.
The redevelopment commission then prepares an offering sheet showing the property to be offered and the price, which may not be less than the average of the two appraisals. Copies of the offering sheets shall be furnished to prospective buyers on request.
A public notice will be published stating the time the commission will open bids and consider written offers.
(d) A notice shall be published in accordance with IC 5-3-1.
The notice must state that at a designated time the commission will open and consider written offers for purchase. These bids will be kept open for public inspection.
Financially able prospective buyers must provide a plan for the property in harmony with the planned unit development and must prove their ability to implement improvements in a reasonable time. [[In-content Ad]]
Two weeks away from a trial by jury, Ralph and Joellen Fitch of Larwill accepted an amount of $75,000 Nov. 3 for their property at 800 Park Ave., Winona Lake.
The Whitley County couple purchased the property in 1992, renting out apartments on a weekly basis.
Six years later the building was inspected by the Kosciusko County Health Department and cited for numerous health code violations.
In 2000 the property was designated as blighted by the Winona Lake Redevelopment Commission. An area designated as blighted means the commission decided there is a better use for that parcel and it did not conform to the use of other property around it.
Town coordinator Craig Allebach said then the property deteriorated to the point it did not fit in the area for economic growth as far as the Tax Increment Financing District was concerned.
Standing on the northeast corner of an area commonly known as the Village at Winona, at the corner of Park Avenue and Canal Street, the house is surrounded by property owned by Winona Restoration Partners. The two-story dwelling is surrounded by specialty shops. The village is zoned as a planned unit development to the south and west of the house. A parking lot belonging to Winona Restoration Partners is to the north and Hillside Park, also belonging to Winona Restoration Partners, is across Park Avenue to the east. The shops have both commercial and residential uses.
An offer to purchase the property for $35,000 was rejected by the Fitches.
In December 2001 the Winona Lake Redevelopment Commission exercised the right of eminent domain by condemnation on the two-story apartment building to "promote the use of land in the manner that best serves the interests of the town and its inhabitants" by filing a lawsuit in Kosciusko County Superior 1.
Because the Fitches are entitled to damages under Ind. Code 36-7-14-12.2, three appraisers found $75,000 to be the fair market value of the property in July 2002.
The town did not deposit the money until May 15, 2003, effectively taking title on that date.
In the meantime the Fitches requested a trial by jury, which was scheduled to begin Nov. 12.
"I'm surprised they didn't go to trial," said Dan Sigler, the Fitches Columbia City attorney, talking about the case Friday.
"They had the right to the trial which could have given them more in damages, or less, as the jury determined. In essence, this ends the case."
The money had been available to the couple since it was placed on deposit.
In June the town began collecting the weekly rent from the four tenants at 800 Park Avenue, a process Allebach said didn't last too long.
"Half of them 'flew the coop' in the middle of the night, the others were gone in the next two months," he said.
The building has been vacant since then.
"Conditions inside there are pretty bad," Allebach said Friday.
Because ownership of the property came to the town under eminent domain conditions particulars of the sale, are fairly specific according to IC 36-7-14-22.
The redevelopment commission is two secure two separate appraisals of the sale value The appraisals are solely for the information of the commission, and are not open for public inspection.
The redevelopment commission then prepares an offering sheet showing the property to be offered and the price, which may not be less than the average of the two appraisals. Copies of the offering sheets shall be furnished to prospective buyers on request.
A public notice will be published stating the time the commission will open bids and consider written offers.
(d) A notice shall be published in accordance with IC 5-3-1.
The notice must state that at a designated time the commission will open and consider written offers for purchase. These bids will be kept open for public inspection.
Financially able prospective buyers must provide a plan for the property in harmony with the planned unit development and must prove their ability to implement improvements in a reasonable time. [[In-content Ad]]