New hearing date for Bloomington’s eminent domain action: Oct. 7

As expected, a mid-September date that had been set for a hearing in Bloomington’s eminent domain lawsuit has been cancelled in favor of a later one.

Cropped parking garage barriers 08.29.2019 parking garage demo - 1
Looking north along Walnut Street at the 3rd Street intersection, Thursday morning, the parking structure was being prepped for demolition to start Sept. 3.  (Aug. 29, 2019) (Dave Askins/Beacon)

The case involves the City of Bloomington’s attempt to take the 222 Hats building at the south end of the block between 3rd and 4th streets along Walnut Street, so it can add the land to the footprint of a replacement parking structure.

The hearing before Judge Holly Harvey is now scheduled for Oct. 7 at 9 a.m.  It’s set for three hours, which is longer than the 30-minutes specified in the order that set the previous hearing.

The reason for the rescheduling of the hearing involved coordination the schedules of the lawyers on both sides.

The replacement parking structure site plan that has been developed by the City of Bloomington is for a six-story garage with 510 parking spaces and roughly 11,000 square feet of commercial space on the ground floor.

The eminent domain hearing date, Oct. 7, is the same day as the regular monthly meeting of Bloomington’s plan commission. That’s the meeting to which the commission’s review of the replacement parking structure’s site plan was most recently continued. A ruling from the bench in the morning could offer clarity for the commission’s late afternoon meeting, but a ruling that quick is not expected. So another continuation by the plan commission past Oct. 7 is possible.

Previous Beacon coverage of the case is tagged with City of Bloomington v. 222 Hats.

Court filings in the case can be retrieved from the state’s mycase.IN.gov online system using the case number 53C06-1906-PL-001293.

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