affirming judgment for city in demolition case; city presented testimony from 1 inspector that property owners failed to fix unsafe structure
How later courts described this case
- affirming judgment for city in demolition case; city presented testimony from 1 inspector that property owners failed to fix unsafe structure
- demolition order was supported by substantial evidence; the house was in a dilapidated and dangerous state, homeowner had failed to make necessary repairs despite ample opportunity and was unlikely to make repairs
- regarding trial court review of a county board of public safety’s order to demolish a home
Written by the judges who cited it.
The opinion
BAKER, J., and VAIDIK, J.,
concur.
ORDER
This Court having heretofore handed down its opinion in this appeal on September 30, 2002, marked Memorandum Decision, Not for Publication;
Come now the Appellees, by counsel, and file herein Motion to Publish Memorandum Decision, alleging therein that said decision should be published for the reason that said decision clarifies the law as it relates to unsafe buildings and the enforcement of building standards; that the statute pertaining to unsafe buildings, I.C. 36-7-9 et seq., has few appellate decisions which have interpreted and applied it; that publication will make members of the bar and the public aware that if an unsafe property is not repaired in a reasonable time period, the property will be demised as an unsafe structure.
The Court having examined said Motion, having reviewed its opinion in this appeal, and being duly advised, now finds that said Motion to Publish should be granted.
IT IS THEREFORE ORDERED that the Appellees’ Motion to Publish Memorandum Decision is granted and this Court’s opinion heretofore handed down in this cause on September 30, 2002, as a Memorandum Decision, Not for Publication, is now ordered published.