On Friday, Aug. 16, the landowner filed an amended version of objections with the Monroe Circuit Court, in an attempt to prevent the City of Bloomington from acquiring the 222 Hats property at the south end of the block of Walnut Street between 4th and 3rd streets.
The City of Bloomington wants to take the property through an eminent domain process so that it can extend the footprint of its planned replacement parking structure to cover the full length of the block from 4th to 3rd streets.
A month earlier, an initial version of the objections was filed, because it was not clear at the time if the court was going to grant a motion for an extension of the deadline. The court did grant the extension.
A review by The Beacon of both documents revealed a few differences between the first and second versions. A new paragraph was added on the topic of the definition of “public use.” The concept of “public use” is key, because property taken through eminent domain is supposed to be for a public use. The first objection filed by the landowner argues that the taking would not be for a public use, because of the ground floor retail space that is planned for the replacement parking garage.
Another amendment to the document was stylistic—one sentence was edited to conform with Mark Twain’s legendary advice, “If you see an adverb, kill it.”
None of the changes altered of the number or kind of objections that were already filed. Continue reading “Amended objections now filed in Bloomington’s effort to take 222 Hats property to build replacement parking garage”