Motion To Amend The Complaint For Condemnation
Motion To Amend The Complaint For Condemnation
Motion To Amend The Complaint For Condemnation
The Plaintiff, the City of Bloomington, Indiana (the “City”), by counsel, pursuant to Rule
15 of the Indiana Rules of Trial Procedure and Ind. Code § 32-24-1-8(d), respectfully requests
permission to amend the Complaint for Condemnation and, in support thereof, states as follows:
1. The City initiated this lawsuit on June 7, 2019 by filing a Complaint for
Condemnation (“Complaint”), Appearance, and Summons. In response, this Court issued a Notice
2. The Complaint, Appearance, Summons, and Notice to Appear and Show Cause
3. Pursuant to the Complaint, the City seeks to acquire certain real estate owned by
222 Hats, LLC for the purpose of constructing a new Fourth Street Parking Garage (the “Project”).
2019.
Complaint for Appropriation dated December 20, 2019 (the “Order”), this Court sustained an
objection to the Project asserted by 222 Hats because the Project included nonresidential retail
6. In light of and out of respect for this Court’s Order, the City is redesigning the
Project to exclude any nonresidential retail space (other than the government office space
necessary to manage the parking garage) from the Project. The Project shall be exclusively used
“[A] structure or portion thereof composed of one or more levels or floors used
In order to move forward with the redesigned Project, the City’s petition for site plan approval
from the Bloomington Plan Commission shall include a request for a waiver from the first floor
nonresidential requirement.
Amended Complaint for Condemnation (the “Amended Complaint”). A true and accurate copy of
9. 222 Hats, LLC will not be prejudiced if the Court grants the City permission to file
the Amended Complaint. Specifically, the City already tendered a written offer to 222 Hats, LLC
to purchase the real estate and improvements necessary to build the Project. As such, 222 Hats,
LLC is still entitled to fair and just compensation. Further, the Amended Complaint clarifies that
the City no longer intends to include nonresidential retail space as part of the Project.
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WHEREFORE, the Plaintiff, the City of Bloomington, respectfully requests that the Court
enter an Order (a) granting the City 0f Bloomington permission to file the Amended Complaint
for Condemnation, and (b) providing for all other appropriate relief.
Respectfully submitted,
/s/Alan S. Townsend
Alan S. Townsend
Attorney N0. 16887—49
and
Larry D. Allen
Attorney N0. 30505-53
Philippa M. Guthrie
Attorney N0. 16958-53
Michael M. Rouker
Attorney N0. 28422-53
CITY 0F BLOOMINGTON
401 N. Morton Street, Ste. 220
Bloomington, IN 47401
Email: [email protected]
Telephone: (812) 349-3426
for Condemnation” has been served upon the following counsel of record by electronic service
through the Court’s system and/or by first class, United States mail, postage prepaid, this 30th day
of December, 2019:
J. Eric Rochford
Cohen & Malad, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
3781649_1
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EXHIBIT A
STATE OF INDIANA ) IN THE MONROE CIRCUIT COURT
) SS:
COUNTY OF MONROE ) CAUSE NO. 53C06-1906-PL-001293
The Plaintiff, City of Bloomington, Indiana, by its Board of Public Works (“City”), by and
through counsel, for its Amended Complaint for Condemnation against the Defendants, 222 HATS
LLC (“222 Hats”) and German American Bancorp, Inc., states as follows:
1. The City is an Indiana municipality duly organized pursuant to the laws of the State
of Indiana.
2. In the course of the exercise of its responsibilities and police powers to provide for
public facilities and works, the City intends to construct a new, expanded 4th Street Parking
Garage, which shall occupy the parcels of land between the northwest corner of West 3rd Street
and South Walnut Street and the southwest corner of West 4th Street and South Walnut Avenue
(the “Project”).
3. The Project will serve and benefit the public and enable the City to perform its
functions by providing much needed additional parking in the downtown area. The Project was
approved for a public purpose and found to be in the public interest by the City of Bloomington
Board of Public Works in its Resolution 2019-43, approved at a public meeting held on April 30,
2019.
4. 222 Hats owns title to certain real estate located in Monroe County, Indiana, which
is commonly known as 222 South Walnut Street, Bloomington, Indiana 47401 and described as
follows:
The South Half of In-Lot Number Thirty-three (33) in the City of Bloomington,
Indiana, as set out on the original Plat of the City of Bloomington, Indiana, as
shown in Plat Book No. 1 at page 4 (now Plat Cabinet B, Envelope 1), in the office
of the Recorder of Monroe County, Indiana.
Tax Parcel No.: 53-05-33-310-173.000-005; Auditor’s Parcel No.: 013-05940-00.
The property sought herein is more fully described and depicted in Exhibit A and incorporated by
mortgage dated March 30, 2018, for the Real Estate in the original amount of Five Hundred
Thousand Dollars ($500,000.00) and recorded as Instrument Number 2018003813 in the records
of the Office of the Recorder of Monroe County, Indiana. German American entered into the
mortgage agreement with the individual Juan Carlos Carrasquel, whose address is listed as 34 E.
March 30, 2018, for the Real Estate recorded as Instrument Number 2018003815 in the records of
the Office of the Recorder of Monroe County, Indiana. German American entered into the
assignment of rents with Juan Carlos Carrasquel, whose address is listed as 34 E. Saddlebrook Ct.,
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7. The City has the statutory authority to undertake this Project and may exercise the
power of eminent domain over the property outlined above under Indiana law including, but not
limited to, Indiana Code Section 36-1-4-5 and Indiana Code 32-24-1, et seq.
8. In connection with and in carrying out the Project, the City has determined that it
is necessary for the City to take, appropriate, acquire, remediate, and make use of the whole of the
9. The City has attempted to engage in negotiations with 222 Hats in a good faith
effort to purchase the Real Estate, including obtaining two independent appraisals and tendering
the required offer to purchase the Real Estate in accordance with Indiana Code Section 32-24-1-5.
From the end of 2018, the City also has also discussed opportunities with 222 Hats LLC member
Juan Carlos Carrasquel to have a space in the new structure that matches or exceeds his current
real estate footprint and that would maintain the organization’s visible presence on the corner of
10. The City has complied with Indiana Code Section 32-34-1-5, and the Uniform
Property or Easement Acquisition Offer was personally delivered to 222 Hats LLC member Juan
Carlos Carrasquel on May 6, 2019. A copy of the offer was also sent via separate certified mailings
on May 6, 2019, to the owner, via the following names and addresses: 222 Hats LLC at 222 S.
Walnut Street, Bloomington, Indiana 47404-6108; the registered agent for 222 Hats LLC, listed
with the Indiana Secretary of State’s Office as Mallor Grodner LLP, at 511 S. Woodcrest Drive,
Bloomington, Indiana 47401; and Juan Carlos Carrasquel at 3497 E. Saddlebook Court,
11. The parties have been unable to agree upon the purchase and sale of such interests
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12. In an Order Following Hearing on Objections and Sustaining Objection to
Complaint for Appropriation dated December 20, 2019 (the “Order”), this Court sustained an
objection to the Project asserted by 222 Hats because the Project included nonresidential retail
space on the first floor of the parking garage. In light of and out of respect for this Court’s Order,
the City is redesigning the Project to exclude any nonresidential retail space (other than the
government office space necessary to manage the parking garage) from the Project. The Project
shall be exclusively used as a parking garage, as that use is defined by Bloomington Municipal
Code 20.11.020:
“[A] structure or portion thereof composed of one or more levels or floors used
In order to move forward with the redesigned Project, the City’s petition for site plan approval
from the Bloomington Plan Commission shall include a request for a waiver from the first floor
nonresidential requirement.
13. Having been unable to acquire voluntarily the Real Estate, the City seeks to
condemn and acquire the Real Estate in fee simple by this action.
(a) The Court issue an order requiring the Defendants to appear at a hearing to
show cause, if any, why the Real Estate sought to be condemned should not
be appropriated;
(b) The Court appoint, pursuant to Indiana Code Section 32-24-1-7, one
licensed under Indiana Code 25-34.1 to assess the damages which any
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or be entitled to by reason of such appropriation and condemnation of the
(c) Upon payment to the Clerk 0fthis Court ofthe damages assessed, the Court
order that the City of Bloomington may take possession of and hold all
(d) The Court take all other steps Which may be necessary for the City 0f
(e) The Court grant the City 0f Bloomington all other proper relief in the
premises.
Respectfully Submitted,
/s/Alan S. Townsend
Alan S. Townsend
Attorney No. 16887—49
and
Larry D. Allen
Attorney N0. 30505-53
Philippa M. Guthrie
Attorney N0. 16958-53
Michael M. Rouker
Attorney No. 28422-53
CITY 0F BLOOMINGTON
401 N. Morton Street, Ste. 220
Bloomington, IN 47401
Email: [email protected]
Telephone: (812) 349-3426
378125771
EXHIBIT A
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EXHIBIT A
Legal Description:
The South Half of In-Lot Number Thirty-three (33) in the City of Bloomington,
Indiana, as set out on the original Plat of the City of Bloomington, Indiana, as
shown in Plat Book No. 1 at page 4 (now Plat Cabinet B, Envelope 1), in the
office of the Recorder of Monroe County, Indiana.
Tax Parcel No.: 53-05-33-310-173.000-005; Auditor’s Parcel No.: 013-05940-00.