Around two hours worth of arguments and testimony were heard Monday morning at a show cause hearing about Bloomington’s eminent domain action on the JuanSells.com property. It’s just south of the now already partially demolished 4th Street parking garage.
Bloomington wants the owner, Juan Carlos Carrasquel, to sell his building so that the footprint of a planned replacement parking garage can extend the full block from 4th Street down to 3rd Street. Drawn out during Monday morning’s testimony was the city’s offer to Carrasquel of $587,500 for the building. He purchased the building for $500,000 in spring of 2018.
The central legal issue in the case is whether the planned ground-floor retail space in the garage disqualifies it from the public purpose that a taking through eminent domain requires.
No bench ruling was made by judge Holly Harvey when the hearing concluded in Monroe’s circuit court at the Charlotte Zietlow Justice Center in downtown Bloomington.
Harvey did set a couple of deadlines. The first one is Oct. 18, for Carrasquel’s attorneys to file a reply to the memo filed last Friday by the city’s legal team. The deadline for the two sides to file a proposed set of findings and an order is Oct. 25.
Those deadlines mean a ruling might not come before Nov. 4, when the city’s plan commission is next scheduled to consider the proposed site plan for the replacement garage. The plan commission’s agenda for Monday, Oct. 7 shows the site plan as continued until Nov. 4. If there’s not a ruling by then, in the city’s favor, consideration of the site plan can be expected to be continued another month.
The site plan, which was initially heard by the city planning commission at its July 8 meeting, includes a six-story structure, with 511 parking spaces and roughly 11,800 square feet of non-garage space on the ground floor. Continue reading “Arguments heard in court on Bloomington’s attempt to take land to replace 4th Street parking garage”