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Sunday, January 17, 2010

Ind. Decisions - More on "Valpo couple wins flooding suit judgment "

There is a second story within the week about a Valpo resident being granted a default judgment for more than "$100,000 for flood damage and property value losses because [the City] didn't file a timely response to a lawsuit." This Jan. 12the story was from the NWI Times. It reported:

But the victory might be short-lived. The city intends to seek a reversal of that judgment, said David Hollenbeck, city attorney.
However, no clue is given as to how the City plans to go about addressing the fact that it failed to file a timely response, and why it thinks it will be successful, other than City Attorney David Hollenbeck's statement in the story that "Hollenbeck said the deadline was missed because of confusion between his office and the city's insurance provider."

The second story is a brief report today in the Gary Post-Tribune, reported by James D. Wolf, Jr. Some quotes:

VALPARAISO -- The city officially owes a resident more than $100,000 for flood damage and property value losses because it didn't file a timely response to a lawsuit.

However, that may change on Feb. 18.

Judge Roger Bradford will decide then whether to set aside a default judgment he granted earlier this year.

The 8:45 a.m. hearing is scheduled a month before a March 18 hearing that would decide what the city owes the property owners, Bradford's staff said. * * *

The Brown's attorney, Michael Harris, filed the suit last November.

He said in December that a retention pond dam behind Inman's Fun & Party Center spilled over, sending 50,000 gallons of water into the Browns' home.

City Attorney David Hollenbeck said he and the city's insurance company have been talking with the attorneys in Harris' firm but didn't file a response to pleading on time.

Harris asked for a default judgement last week.

It was granted but is now under contention.

Hollenbeck said, "I have filed the appropriate pleadings to have it set aside."

If the default judgement is set aside, the March 18 hearing will be canceled.

Posted by Marcia Oddi on January 17, 2010 11:53 AM
Posted to Ind. Trial Ct. Decisions