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De Omnibus Dubitandum - Lux Veritas

Saturday, January 9, 2021

Scheme forcing homeowners to turn houses over to developer defeated

'The plan was as diabolical as it was unconstitutional'

Bob Unruh By Bob Unruh January 9, 2021

A judge has signed an order that permanently prevents officials in Charlestown, Indiana, from using their property maintenance code to levy huge fines against homeowners to coerce them to give their land to a private developer. The Institute for Justice announced a settlement that was approved by Judge Jason Mount, who signed the order Dec. 17.  The residents of the Pleasant Ridge neighborhood sued the city four years ago over the scheme by city officials.

"As part of the settlement and order, the city has agreed to three things: First, it will give homeowners a reasonable opportunity to fix their homes before the city levies any fines. Second, it will not target the Pleasant Ridge neighborhood with code enforcement more than any other neighborhood in Charlestown. Last, it will not penalize anyone if they demand a warrant before the city performs an inspection of rental property," IJ said..............Working behind the scenes with a private developer, the city weaponized its property code and targeted owners for immediate, daily fines for rental properties."

IJ said the city used $50-per-day fines for violations such as chipped paint, then applied multiple citations per property.  "Within weeks, Pleasant Ridge property owners had racked up millions of dollars in fines.........To Read More.....

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