Sides settle in historic house demolition lawsuit, Bloomington doesn’t levy $83.5K fine

A settlement agreement approved by the court last week means that the owner of a house at 523 West 7th St. across from Fairview Elementary School will not be fined $83,500 for demolishing it about two years ago without the proper permit.

It was Monroe County circuit court judge Kara Krothe who signed off on the settlement, by ordering the case dismissed, based an a joint motion from the two sides—the owners and the city of Bloomington.

In fall 2019, the house was under consideration by Bloomington’s historic preservation commission (HPC) for designation as historic.

It was on Aug. 8, 2019 when the HPC recommended that the city council consider designating the house as historic. But the commission’s resolution was missing a crucial element: It did not explicitly say that the house was being put under interim protection.

Before it was put on the city council’s agenda for action, towards the end of September 2019, owners David Holdman and Judie Baker had the house demolished. They did not have the required certificate of zoning compliance. Continue reading “Sides settle in historic house demolition lawsuit, Bloomington doesn’t levy $83.5K fine”

Circuit court trial on demolition permit could come before mid-March BZA hearing on $83.5K fine

Now expected to appear on the March 19 agenda of Bloomington’s board of zoning appeals (BZA) meeting is an objection to the city’s decision last fall to impose an $83,500 fine on the owners of a West 7th Street house.

The owners demolished the house without a required certificate of zoning compliance (CZC).

cropped 2020-01-21 historic house demolition IMG_6189
View of 523 West 7th St. facing south on Jan. 21, 2020. A house stood there until late September 2019.

The house had previously been reviewed by the city’s historic preservation commission for historic designation.

The BZA hearing was originally set for last November, but it has been put off a couple of times due to scheduling conflicts.

In the last week of February, a related lawsuit filed by the owners against city and county officials saw a light flurry of filings in the Monroe County circuit court. The lawsuit seeks a mandate from the court ordering the city’s planning and transportation director, Terri Porter, to issue the required CZC.

The question now is whether a ruling on the court case will come before or after the BZA hearing.

Just how connected are the court case and the BZA hearing? Continue reading “Circuit court trial on demolition permit could come before mid-March BZA hearing on $83.5K fine”