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Eminent domain case proceeds with new attorney

Eminent domain case proceeds with new attorney Eminent domain case proceeds with new attorney

Attorney H. Lloyd (Tad) Whitis will now represent the Harrison County Board of Commissioners in its case versusem Bruce J. Brown Jr., First Harrison Bank, South Harrison Water Corp. and Harrison REMC, a case that has been going on since April 2017.

Prior to Whitis, Brian Chastain was handling the case for the commissioners. The change was made due to Chastain’s passing in October.

The case regards Harrison County’s public highway improvement project on Corydon-New Middletown Road and the requirement of a section of property. The county required a portion of the defendant Brown’s land for a right-of-way acquisition tract on the road.

Harrison County filed this complaint for the appropriation of the real estate on April 24, 2017, and all defendants were served with notices.

Because the county’s complaint complied with Indiana Eminent Domain Laws and the defendant did not show any cause as to why the property should not be acquired by the county, the court appointed an appraiser to assess the total amount of compensation due to the defendant.

On Oct. 23, 2017, the matter was moved to mediation between the parties. The court set a mediator and required results within 90 days.

After a strike by each party and then further mediation, both parties were set to appear before the court on June 3, 2020. The defendant failed to appear, and the cause was dismissed on June 15.

However, on June 18, Brown filed a motion to reconsider and the case was reinstated. The mediation results will be reported to the court no later than Dec. 21, and all motions relating to the trial will be filed no less than seven days prior to the final pre-trial conference, which will take place Jan. 21.

At their meeting on Nov. 16, the commissioners unanimously agreed to a motion made by Charlie Crawford to accept Whitis as their attorney for the case.