Affirming demolition order of building owned by Downtown City Center

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After the City of Marion Board of Public Works and Safety ordered a building owned by Downtown City Center, LLC be demolished, DCC filed a verified complaint appealing the demolition order to Grant Superior Court. The verified complaint named the Board and Bayview Trading Group, L.P. as defendants. Bayview Loan Servicing, LLC, and Interbay Funding, LLC subsequently intervened in the action. The trial court affirmed the demolition order. Bayview Trading, Bayview Loan, and Interbay appeal one issue: Whether the trial court’s order affirming the demolition order was arbitrary, capricious, an abuse of discretion, or unsupported by the evidence.

Conclusion (slip op. at 8):  We conclude that the Board’s decision regarding the demolition order, and the trial court’s affirmation of that decision was not arbitrary, capricious, an abuse of discretion, unsupported by the evidence, or in excess of statutory authority.  Affirmed. 

Key Analysis (slip op. at 6):  The City has little confidence that the new owners would make repairs, so demolition is a reasonable alternative. Given the trial court’s findings that the Building will continue to stand in disrepair, remain uninhabitable and a public health hazard, and blight the city of Marion, and that the building will continue to fall into further disrepair, we conclude that the trial court’s affirmation of the City’s demolition order was not arbitrary, capricious, an abuse of discretion, or in excess of statutory authority.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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