WINONA LAKE - Wishing to "promote the use of land in the manner that best serves the interests of the town and its inhabitants," the town of Winona Lake, specifically the Winona Lake Redevelopment Commission, filed a lawsuit in Kosciusko Superior Court I to exercise the power of eminent domain by condemnation.

Defendants Ralph and Joellen Fitch, Larwill, own 800 Park Ave., a property they lease as an apartment building.

The area around the Fitch's house is zoned as a planned unit development, combining commercial and residential uses.

The Fitch property was declared a blighted area Oct. 4, 2000, by a redevelopment commission resolution.

At the Dec. 20 redevelopment commission meeting, the property, located in a tax increment financing district, was described as not conforming to the use of the other property around it.

Standing on the northeast corner of an area commonly known as Winona Village, at the corner of Park Avenue and Canal Street, the two-story dwelling is surrounded by specialty shops to the south and west, a parking lot to the north and Hillside Park across the street to the east.

Over the last year the town entered into negotiations with the Fitches to purchase the property, offers the Whitley County residents reportedly rejected.

Under Indiana Code 36-7-14-12.2, one method a redevelopment commission may use to acquire a property is condemnation. The acquired property may then be sold, held or used in a manner the commission considers best.

The defendants are entitled to damages resulting from the condemnation, if so determined by the court. [[In-content Ad]]