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HomeMy WebLinkAboutFranckie Law Office of Edwin S. Sedwick 417 East Court Avenue Jeffersonville, Indiana 47130 Telephone (812) 282-7200 Facsimile (812) 282-7393 October 2, 2002 Hon. Thomas R. Galligan, Mayor City of .Teffersonville, Indiana Fourth Floor 501 E. Court Avenue ~effersonville. IN 47130 Peggy Wilder Clerk/Treasurer of the City of .Teffersonvilie, Indiana Fourth Floor 501 E. Court Avenue J'effersonville, TN 47130 Anne Marie Galligan .Teffersonville City Attorney Fourth Floor 501 E. Court Avenue ,Teffersonville, IN 47130 Robert L. Miller City Engineer for the City of ,Teffersonville, Indiana and Member of the Board of Public Works and Safety for the City of Jeffersonville, Indiana 1003 Fulton Street ,Teffsrsonville, IN 47130 Robert Woiz, Member .Teffersonville City Council and Member of the Board of Public Works and Safety for the City of .Teffersonville, Indiana c/o Peggy Wilder Clerk/Treasurer of the City of .Teffersonville, Indiana Fourth Floor §01 E. Court Avenue .Teffersonville, IN 47130 Toll Free (800) 334-3577 October 2, 2002 Page 2 Les Merkley, Member Jeffersonville City Council c/o Peggy Wilder Clerk/Treasurer of the City of ,Teffersonville, Indiana Fourth Floor §01 E. Court Avenue ~Teffersonville, IN 47120 Ronald G. Ellis, Member ~Teffersonvflle City Council c/o Peggy Wilder Clerk/Treasurer of the City of ~Teffersonville, ]Indiana Fourth Floor 501 E. Court Avenue ~Teffersonville, IN 47130 Dennis Frantz, Member ,Teffersonville City Council c/o Peggy Wilder Clerk/Treasurer of the City of ~Teffersonville, Indiana Fourth Floor 501 E. Court Avenue .Teffersonville, TN 47150 Barbara L. Wilson, Member ~reffersonville City Council c/o Peggy Wilder Clerk/Treasurer of the City of .Teffersonville, Indiana Fourth Floor 50! E. Court Avenue ,Teffersonville~ IN 47130 I~onold T. Grooms, Member ~Teffersonville City Council c/o Peggy Wilder Clerk/TreaSurer of the City of .Teffersonvill¢, Indiana Fourth Floor 501 E. Court Avenue ~effersonviHe, IN 47130 Law Offic~ of Edwin S. Sedwick Law Office of Edwin S. Sedwick October 2, 2002 Page 3 Veronica Conlin, Member Jeffersonville City Council c/o Peggy Wilder Clerk/Treasurer of the City of Jeffcrsonville, Indiana Fourth Floor §01 E. Court Avenue Jeffersonville, IN 47130 Adam Crowe, Deputy Commissioner Indiana Political Subdivision Risk Management Commission Department of Insurance Suite 300 31! West Wc~hington Indianapolis, IN 46204-2787 Re; David A. Francke and Linda B. Froncke 9134 Virginia Heights, 5ellersburg, IN 47172 To Whom It May Concern: Each of you will find enclosed herewith a Notice of Tort Claim which is being filed on behalf of David A~ Franck¢ and Linda B. Froncke, pursuant to I.C. 34-13-3-1, the original thereof being enclosed to the Honorable Thomas R. Golligan, Mayor of the City of Jeffersonvill¢, Tndiona. Enclosure Edwin 5.5edwick CERTZFZED MAZL-RETURN t~ECEIPT REQUESTED NOTICE OF TORT CLAIM TO: Hon. Thomas R. Galligan, Mayor City of Jeffersonville, Indiana Fourth Floor 501 E. Court Avenue Jeffersonville, IN 47130 Peggy Wilder Clerk/Treasurer of the City of Jeffersonville, Fourth Floor 501 E. Court Avenue Jeffersonville, IN 47130 Indiana Anne Marie Galligan Jeffersonville City Attorney Fourth Floor 501 E. Court Avenue Jeffersonville, IN 47130 Robert L. Miller city Engineer for the City of Jeffersonville, Indiana and Member of the Board of Public Works and Safety for the City of Jeffersonville, Indiana 1003 Fulton Street Jeffersonville, IN 47130 Robert Waiz, Member Jeffersonville City Council and Member of the Board of Public Works and Safety for the City of Jeffersonville, Indiana c/o Peggy Wilder Clerk/Treasurer of the City of Jeffersonville, Fourth Floor 501 E. Court Avenue Jeffersonville, IN 47130 Indiana Les Merkley, Member Jeffersonville city Council c/o Peggy Wilder Clerk/Treasurer of the City of Jeffersonville, Fourth Floor 501 E. Court Avenue Jeffersonville, IN 47130 Indiana Ronald G. Ellis, Member Jeffersonville City Council c/o Peggy Wilder Clerk/Treasurer of the city of Jeffersonville, Fourth Floor 501 E. Court Avenue Jeffersonville, IN 47130 Indiana Dennis Frantz, Member Jeffersonville City Council c/o Peggy Wilder Clerk/Treasurer of the City of Fourth Floor 501 E. Court Avenue Jeffersonville, IN 47130 Jeffersonville, Indiana Barbara L. Wilson, Member Jeffersonville City Council c/o Peggy Wilder Clerk/Treasurer of the city of Jeffersonville, Fourth Floor 501 E. Court Avenue Jeffersonville, IN 47130 Indiana Ronald T. Grooms, Member Jeffersonville city Council c/o Peggy Wilder Clerk/Treasurer of the city of Jeffersonville, Fourth Floor 501 E. Court Avenue Jeffersonville, IN 47130 Indiana Veronica Conlin, Member Jeffersonville City Council c/o Peggy Wilder Clerk/Treasurer of the City of Fourth Floor 501 E. Court Avenue Jeffersonville, IN 47130 Jeffersonville, Indiana Adam Crowe, Deputy Commissioner Indiana Political Subdivision Risk Management Commission Department of Insurance Suite 300 311 West Washington Indianapolis, IN 46204-2787 the Tort Claims Act, and Linda B. Francke, Heights, Sellersburg, Please take notice that pursuant to the provisions of I.C. 34-13-3-1, et. seq., David A. Francke husband and wife, of 9134 Virginia IN 47172, hereby claim damages against the City of Jeffersonville, State of Indiana (Jeffersonville), and the Board of Public Work of the City of Jeffersonville, State of Indiana (Board), by and through their designated officials, for the infliction of emotional distress, destruction of real es- tate, lost income therefrom, and trespass thereon sustained by David A. Francke and Linda B. Francke on or about May 7, 2002, when the buildings located upon their real estate located at 401 E. Tenth Street, 405 E. Tenth Street, and 407 E. Tenth Street of Jeffersonville, Indiana were totally demolished and destroyed by jeffersonville and/or the Board and, thereafter, the real estate mentioned above being illegally transferred to Jeffersonville on May 10, 2002 as evidenced by Exhibit UA" attached hereto. The Board, on April 8, 2002, illegally confirmed its ~Declaratory Resolution" dated February 25, 2002 wherein David A. Francke and Linda B. Francke's real estate was allegedly appropriated and condemned for the use of the Board and Jeffersonvilte which ~confirming resolution" of April 8, 2002 was illegal and void as the Board did not cause proper notice of the same to be published and served. Specifically, the Board caused notice of a purported March 18, 2002 meeting, when the Board was supposed to act on its confirming resolution, to be published in the Evening News after tke fact and did not act upon the same until April 8, 2002 without notice, of any type, to David A. Francke and Linda B. Francke. As a result, David A. Francke and Linda Bo Francke first became aware as to Jeffersonville's actions on or about April 25, 2002 when they received a notice of a meeting of the Board of May 6, 2002 at which time the Board allegedly assessed David A. F~ancke and 3 Linda B. Francke's damages to their real estate and~ the follow- lng day, caused the total destruction of the buildings located upon their real estate with the property being transferred to Jeffersonville, Indiana on May 10, 2002 (see Exhibit UA"). As a result of Jeffersonville's and the Board's actions as above set forth, David A. Francke and Linda B~ Francke have each sustained damages of Three Hundred Thousand Dollars ($300,000.00). The names and addresses of those known to be present and witnesses are: 1) 2) 3) 4) Thomas Galligan, Mayor City of Jeffersonville, Indiana Fourth Floor 501 E. Court Avenue Jeffersonville, IN 47130 Anne Marie Galligan Jeffersonville City Attorney Fourth Floor 501 E. Court Avenue Jeffersonville, IN 47130 Robert Miller City Engineer for the City of Jeffersonville, Indiana and Member of the Board of Public Works and Safety for the City of Jeffersonville, Indiana 1003 Fulton Street Jeffersonville, IN 47130 Robert Waiz, Member Jeffersonville City Council and Member of the Board of Public Works and Safety for the City of Jeffersonville, Indiana c/o Pegg]; Wilder Clerk/Treasurer of the City of Jeffersonville, Indiana Fourth Floor 501 E. Court Avenue Jeffersonville, IN 47130 5) 6) 7) 8) 9) lO) Peggy Wilder Clerk/Treasurer of the city of Jeffersonville, Indiana Fourth Floor 501 E. Court Avenue Jeffersonville, IN 47130 David A. Francke 9134 Virginia Heights Sellersburg, IN 47172 Linda B. Francke 9134 Virginia Heights Sellersburg, IN 47172 David Dugg±ns Jeffersonville Department of Redevelopment Fourth Floor 501 E. Court Avenue Jeffersonville, IN 47130 Ed Haire 405 E. Court Avenue Jeffersonville, IN 47130 Marvin Schmidt 6504 Forged Way Georgetow-n, IN 47122 That this Notice of Tort Claim is filed by David A. Francke and Linda B. Francke without waiver of their rights set forth in the litigation pending in the Clark Circuit Court in the cases of David A. Francke and Linda B. Francke v. The City of Jeffersonville, Indiana, Cause No. 10C01-0205-PL-366 and David A. Francke and Linda B. Francke v. The City of Jeffersonville, Indiana and The Board of Public Works and Safety of the City of Jeffersonville, Indiana, Cause No. 10C01-0205-PL- 367 . That the residence of David A. Francke and Linda Bo Francke at the time of the loss and at the time of filing of this Notice of Tort Claim is 9134 Virginia Heights, Sellersburg, IN 47172. Dated: David A. Francke B. Francke CERTIFICATE OF SERVICE I certify that a c~py o~the above and foregoing Notice of Tort C%aim was, t~lS __~n~_ day ~f October, 2002 mailed by Certified U.S. Mall, Re~urn Receipt Requested postage prepaid, addressed to: Hon. Thomas R. Galllgan, Mayor, City of Jeffersonvitle, Indiana, Fourth Floor, 501 E. Court Avenue, Jeffersonville, IN 47130; Peggy Wilder, Clerk/Treasurer of the City of Jeffersonville, Indiana, Fourth Floor, 501 E. Court Avenue, Jeffersonville, IN 47130; Anne Marie Galligan, Jeffersonville city Attorney, Fourth Floor, 501 E. Court Avenue, Jeffersonville, IN 47130; Robert L. Miller, city Engineer for the City of Jeffersonvitle, Indiana and Member of the Board of Public Works and Safety for the city of jeffersonville, Indiana, 1003 Fulton Street, Jeffersonville, IN 47130; Robert Waiz, Member, Jeffersonville city Council and Member of the Board of Public Works and Safety for the City of Jeffersonvil!e, Indiana, c/o Peggy Wilder, Clerk/Treasurer of the city of Jeffersonville, Indiana, Fourth Floor, 501 E. Court Avenue, Jeffersonville, IN 47130; Les Merkley, Member, Jeffersonville City Council, c/o Peggy Wilder, Clerk/Treasurer of the City of Jeffersonvill~, Indiana, Fourth Floor, 501 E. Court Avenue, Jeffersonville, IN 47130; Ronald G. Ellis, Member, Jeffersonville City Council, c/o Peggy Wilder, Clerk/Treasurer of the City of Jeffersonville, Indiana, Fourth Floor, 501 E. Court Avenue, Jeffersonville, IN 47130; Dennis Frantz, Member, Jeffersonville city Council, c/o Peggy Wilder, Clerk/Treasurer of the City of Jeffersonville, Indiana, Fourth Floor, 501 E. Court Avenue, Jeffersonville, IN 47130; Barbara L. Wilson, Member, Jeffersonville city Council, c/o Peggy Wilder, Clerk/Treasurer of the City of jeffersonville, Indiana, Fourth Floor, 501 E. Court Avenue, Jeffersonville, IN 47130; Ronald T. Grooms, Member, Jeffersonville City Council, c/o Peggy Wilder, Clerk/Treasurer of the City of Jeffersonville, Indiana, Fourth Floor, 501 E. Court Avenue, Jeffersonville, IN 47130; Veronica Conlin, Member, Jeffersonville City Council, c/o Peggy Wilder, Clerk/Treasurer of the City of Jeffersonvitte, Indiana, Fourth Floor, 501 E. Court Avenue, Jeffersonville, IN 47130; Adam Crowe, Deputy Commissioner, Indiana Political Subdi- vision Risk Management Commission, Department of Insurance, Suite 300, 311 West Washington, Indianapolis, IN 46204-2787. Edwin ~. Se~wick Attorney at Law 417 E. Court Avenue Jeffersonville, IN 47130 812/282-7200 Supreme Court No. 103-10 7 RESOLUTION NO. 02-R- Shirley Nolo[ 4P CLRRK COUNTY RECORDF. R Cl~rk Cm~n~y Ragerder ! 200212151 Page 1 oF 4 t'~1 Date ~/10/2002 Tl=e 11:43:13 // A RESOLUTION CONFIRMING CONDEMNATION OF CERTAIN REAL PROPERTY PURSUANT TO INDIANA CODE 32-11-1.5 et. seq. WHEREAS, on the 25* day of February, 2002, the Board of Public Works and Safety of the City of Jeffersonville (the "Board") adopted Resolution 02-R-10, A Resolution Condemning Certain Real Property Pursuant to Indiana Code 32-11-1.5 et seq. which real estate is more particularly described in Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, notice of the resolution was published in the EveningNevas on March 21, 2002 and March 28, 2002 as required by Indiana Code 32-11-1.5-3(t)); and WHEREAS, said nofice stated that at its regular meeting on February 25, 2002, the Board would hear remonstrances from persons interested in or affected by the condemnation; and WHEREAS, David Franke, a person interested in, or affected by, the condemnation appeared and questioned the procedure with regard to the condemnation at the Board's .regular meeting on April 8, 2002; NOW THEREFORE, BE IT HEREBY RESOLVED that the Board hereby confirms its original Resolution condemning and appropriating for the use of the City of Jeffersonvitle (the "City") the property located as a part of Survey No. 1 of the Illinois Grant of Clark County, Indiana, Lot 11 of Block 119, Lots L & K of Block 119, and Lot H of Block 119, as described in Exhibit A; and NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the real estate as a part of Survey No. 1 of the Illinois Grant of C!ark County, indiana, Lot 1 l of Block 119, Lots L & K of Block 119, and Lot H of Block 119, as described in Exhibit "A" is hereby conveyed to the City; and NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the Clerk-Treasurer shall record a copy of this Con£m-ning Resolution in the office of the Recorder of Clark County, Indiana to memodaiize the City's condemnation of the real estate located as a part of the Illinois Grant of Clark County, Indiana, Lot 11 of EXHIBIT h Block 119, Lots L & K of Block 119, and Lot H of Block 119, as described in EXhibit i~{ 1,7 A; and NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the Board shall promptly prepare a list of affected property owners, axvard damages sustained to the property, and pay damages on the affected property, all as required by Indiana Code 32-11-1.5-1 etseq.; and Adopted this 8th of April 2002. ATTEST: CITY OFJEFFERSONVIT J,E BOARD OF PUBLIC WORKS & SAFETY Bob ~..,.~. Rob Waiz Clerk - Treas:arer 10T~ STREET PARCEL NO. 18 EXHIBIT 'A' DESCRIPTION OF A PARCEL OF LAND FROM DAVID A. AND LINDA B. FtLANCKE A part of Survey No. 1 Of the Illinois Grant of Clark County, Indiana, being the same tracts conveyed to David A. and Linda B~ Francke at Deed Drawer 26, Instrument No. 908, and Deed Drawer 26, Instrument No. 3359, and described as follows: Being that parc of Block No. 119 in the Enlargement of said City bounded as follows: Beginning at the intersection of the north line of lOth Street and the west line of the 10 foot alley running north and south through said block; thence westwardly with the north line of 10'~' Street 35 feet to a stake; thence at right angles northwardly 78 10/100 feet to a stake; thence at right angles - eastwardly 35 feet to a stake in the west line of said alley, thence southwardly with the west line of sald alley 78 10/100 feet to the place of beginning. More commonly known as 409 East l0t}' Street, Jeffersonviil~, Indiana. ALSO: Being a part of Block No. 119 in the City of Jeffersonville, beginning at a point in the west llne of said Block No. 119, said point is 78.10 feet north of the southwest corner of said Block No. 119; thence northwardly 25 feet; thence at right angles eastwardly 164 feet to a 10 foot alley; thence at right angles southwardIy 25 feet; thence at right angles westwardly 164 feet to the place of b~ginning. More commonly known as 1012 Walnut Street, Jeffersonville, Indiana. ALSO: Beginnlng at a stake in the north line at Ekin Avenue and the south line of said block, 105 feet eastwardly from the southwest corner of said block; thence continuing eastwardly along the south line of said block and the north line of Ekin Avenue 26 feet, more or less, to McCartin's line; thence northwardly on a llne parallel to the east line of Walnut Street and along McCartin's:line, 78.I feet to a stake; thence westwardly and on a line parallel to the north line of Ekin Avenue, 26 feet, more or leis, to a ~take; thence southwardly; and on a line parallel to the east tine of Walnut Street, 78.1 feet to a stake, the place of beginning, the same being commonly known as 407 East 10`h Street. ALSO: Being part of Block No. 119 in the Enlargement of the City of Jeffersonville, said county and state, bounded thus: Beginning at the southwest corner of said Block No. 119 at the intersection of the easz line of Walnut Street and the north llne of Eldn Avenue; thence eastwardly with the south line of said block and the north line of Ekln Avenue, 71 feet to a stake; thence northwardly and on a line parallel with the east llne of Walnut Street, 78.1 feet to a stake; thence wesrwardly ' and on a line parallel with the north line of Ekin Avenue, 71 feet to a stake on the west llne of said block and the east line of Walnut Street; thence southwardly and along the west line of said r 71' ' ~34' "25' 14..1 ~1 o~ ~ ~ I .~DA,rIO A. & UNOA B. z [ '~. __ lOTH STREET (60' R/W) : o ~o 60 Scole 1" = ~o' THiS P~T W~ PREPARED FROM PUBLIC RECOROS AND A LIM~EO FIELO SUR~. ~G~-OF-~AY P~T ~ -~o~ CON~ ~m~ ~ ~ O~ a~ 120 ~ A~ i~ ~ ~m ...... (812) ~a-~64~