Court won't hear Hutchinson case
Tuesday, September 10, 2013 11:00 AM
The Indiana Supreme Court has denied a petition to hear a case involving eminent domain proceedings between the city of Madison and John Hutchinson.
The city and county entered into an interlocal agreement in 2011 to give the city the ability to acquire land on Hutchinson Lane in order to widen the lanes. City officials offered Hutchinson $25,000 for his property, which Hutchinson turned down. He then filed a lawsuit challenging the validity of the interlocal agreement.
The case was dismissed at the local level because city officials had not given Hutchinson an appraisal on his property. But the case was dismissed without prejudice, which meant the city could re-file eminent domain proceedings and start again.
Hutchinson appealed the dismissal, saying it should have been dismissed with prejudice, which would deny the city any chance at refiling.
The Court of Appeals said the eminent domain claim was "procedurally defective," but claims did not establish that the city did not have the right to take Hutchinson's property through eminent domain.