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STATE OF INDIANA ) IN THE ALLEN CIRCUIT COURT
)SS:
COUNTY OF ALLEN ) CAUSE NO.: 02C01-2306PL000245
CITY OF FORT WAYNE, )
)
Plaintiff, )
) THE HONORABLE DAVID J. AVERY.
v. ) ALLEN COUNTY SUPERIOR COURT,
) SITTING AS SPECIAL RIDGE
LIENVESTORS INC, and )
DENNIS JOHNSON, )
)
Defendants. )
STIPULATED ORDER
This cause of action is before the Court on Plaintiff's Verified Complaint for' Preliminary
and Permanent Injunctive Relief and i0 Recover Civil Penalties, filed June 23, 2023. The
Honorable Judge David J. Avery was assigned as Special Judge to this cause of action. Plaintiff
appears by counsel, Adam M. Henry, Defendant Lienvestors Inc. appears by counsel, Brian C.
Heck, and Defendant Dennis Johnson appears pro se. The Court, having reviewed the agreement
of the parties as presented in this Stipulated Order, and aftei' fuithei' consideration of the terms set
forth herein, now issues the following Stipulated Order.
l. Defendant, Lienvestors Inc., holds title to 1428 Dubois Street, FOIt Wayne, Indiana
(the "Property").
2. Defendant, Dennis Johnson, is purchasing the Property on contract from
Lienvestors Inc.
3. The City of Fort Wayne, by and through its Department of Neighborhood Code
Compliance (the "City"), has received calls from citizens and neighboring property owners
complaining of the trash and debris located on the Property.
4. In accordance with City policies and procedures, Neighborhood Code Compliance
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representatives responded to those complaints by inspecting the Property from the public right-of
way and found the Property to be Violation of City Code Chaptei' including, but not limited to,
152.0403).
5. Since June 2020, the City has issued and duly served notices and orders to
Defendant, Lienvestors Inc, regarding the Property including, but not limited to, an Order to
Repair, dated January 18, 2023, directing property owner to comply with the City of Fort Wayne
Code of Ordinances and the Indiana Unsafe Building Law.
6. Defendant, Lienvestors Inc., and/01' its contract buyer, Defendant Dennis Johnson,
failed to comply with the Order to Repair, and Lienvestors Inc. and/or Dennis Johnson continues
to keep trash and debris on the Property in Violation of Chapter 152.04(E).
7. As of the date the City filed its Verified Complaint, the City, through Neighborhood
Code Compliance, determined that the Property was an unsafe premises, a hazard to public health,
and a public nuisance as those terms are defined by the Indiana Unsafe Building Law and the City
of Fort Wayne Code Ordinances.
8. The Parties agree that as of the filing of this Stipulated Order, the concerns raised
by the City have been addressed.
9. However, the Parties agree that it is in the best interest that this Court issue a
permanent injunction against Lienvestors Inc. and Dennis Johnson pursuant to Indiana Code § 36
79-1 8 in relation to the Property.
10. In accordance with the terms set forth in this Paragraph, the City is authorized to
enter the Property to bring the Property to the minimum standards set forth in the City of F01t
Wayne Code of Ordinance and the Indiana Unsafe Building Law:
a. The City shall send to Lienvestors Inc. and Dennis Johnson an email notification
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informing them of its intention to entei' the Property. The emails shall be sent to the
following e-mail addresses:
ahcarlile@outlook.com with
Lienvestors Inc.
a copy to
bheck@beckmanlawson.com
Dennis Johnson
dejaidennis@aol.com
Defendants shall have forty- eight (48) hours from the timestamp on the e-mail
notification to bring the Propeity to the minimum standards set f01th in the City
of F01t Wayne Code of Ordinances and the Indiana Unsafe Building Law. It is the sole
responsibility 0f Defendants t0 keep their email addresses current with the City and its
counsel.
b No extensions will be granted to Lienvestors Inc. and Dennis Johnson.
If Defendants bring the Property to the minimum standards set f01th in the City of
Fort Wayne Code of Ordinances and the Indiana Unsafe Building Law within the
forty-eight (48) hour timeframe set forth in Paragraph 9(a) above, Lienvestors Inc.
and/or Dennis Johnson shall send to the City an email notification informing
Neighborhood Code Compliance representatives of their alleged compliance. The
City shall send a representative to the Property to inspect and then inform Defendants
if the Property meets said standards.
d If Defendants fail to bring the Property to the minimum standards set forth in the City
of Fort Wayne Code of Ordinances and the Indiana Unsafe Building Law within the
fortyeight (48) hour timeframe set forth in Paragraph 10(a), the City will enter the
Property to remove all trash, debris, illegal outdoor storage items, and inoperable
vehicles.
C. When entering the Property, the City will cut all locks and chains securing the
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Property. The City shall not be responsible for the replacement of any damaged
or destroyed locks and chains.
If necessary for the safety of Neighborhood Code Compliance representatives
and any contractor(s) hired by the City, the City will contact the F01t Wayne
Police Depaitment to assist/stand-by While entering and removing all trash,
debris, illegal outdoor storage items, and inoperable vehicles from the Property.
. The City will charge Lienvestors Inc. an administrative fee of One Hundred Fifty and
00/100 Dollars ($150.00) per entry onto the Property to remove trash, debris, illegal
outdoor storage items, and inoperable vehicles.
. Pursuant to City policies and procedures, the cost to bring the Property to the
minimum standards set forth in the City of Fort Wayne Code of Ordinances and the
Indiana Unsafe Building Law shall be billed to Lienvestors Inc. each time the City
enters onto the Property.
1 Invoices for' the fees and expenses charged by the City will be sent to the following
addresses:
Lienvestors Inc.
Attn: A. Hunter Carlile
Post Office Box 726
Winona Lake, Indiana 46590
with a copy to
Brian C. Heck
Beckman Lawson, LLP
201 West Wayne Street
Fort Wayne, Indiana 46802
Dennis Johnson
P.O. Box 6210
Fort Wayne, Indiana 46896
11. The City withdraws its request to impose a civil penalty on Defendants pursuant to
Indiana Code § 367-9-19.
BEERS MALLERS, LLP BECIngANi WSON, LL;
é'dmZ»
Adam M. Hemy (#2787 1-02) Brian" 89 02)
110 West Berry Street, Suite 1100 201 West Waéfigjfl3
e Street
Fort Wayne, Indiana 46802 Fort Wayne, Indiana 46802
(260) 426-9706 (260) 422-0800
amhenry@beersmallers.com epgattomey@beckmanlawson.com
Attorney for Plaintg'fi' Attorney for Defendant,
Lienvestors Inc.
Kim LIENVESTORS, INC .
Déniiis Johns n
PO. Box 6210 By:
Fort Wayne, Indiana 46896
Defendant, Pro Se RS: Myflf
SO ORDERED this day of , 202_
Special Judge, David J. Avery
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STATE OF INDIANA ) IN THE ALLEN CIRCUIT COURT )SS: COUNTY OF ALLEN ) CAUSE NO.: 02C01-2306PL000245 CITY OF FORT WAYNE, ) ) Plaintiff, ) ) THE HONORABLE DAVID J. AVERY. v. ) ALLEN COUNTY SUPERIOR COURT, ) SITTING AS SPECIAL RIDGE LIENVESTORS INC, and ) DENNIS JOHNSON, ) ) Defendants. ) STIPULATED ORDER This cause of action is before the Court on Plaintiff's Verified Complaint for' Preliminary and Permanent Injunctive Relief and i0 Recover Civil Penalties, filed June 23, 2023. The Honorable Judge David J. Avery was assigned as Special Judge to this cause of action. Plaintiff appears by counsel, Adam M. Henry, Defendant Lienvestors Inc. appears by counsel, Brian C. Heck, and Defendant Dennis Johnson appears pro se. The Court, having reviewed the agreement of the parties as presented in this Stipulated Order, and aftei' fuithei' consideration of the terms set forth herein, now issues the following Stipulated Order. l. Defendant, Lienvestors Inc., holds title to 1428 Dubois Street, FOIt Wayne, Indiana (the "Property"). 2. Defendant, Dennis Johnson, is purchasing the Property on contract from Lienvestors Inc. 3. The City of Fort Wayne, by and through its Department of Neighborhood Code Compliance (the "City"), has received calls from citizens and neighboring property owners complaining of the trash and debris located on the Property. 4. In accordance with City policies and procedures, Neighborhood Code Compliance l representatives responded to those complaints by inspecting the Property from the public right-of way and found the Property to be Violation of City Code Chaptei' including, but not limited to, 152.0403). 5. Since June 2020, the City has issued and duly served notices and orders to Defendant, Lienvestors Inc, regarding the Property including, but not limited to, an Order to Repair, dated January 18, 2023, directing property owner to comply with the City of Fort Wayne Code of Ordinances and the Indiana Unsafe Building Law. 6. Defendant, Lienvestors Inc., and/01' its contract buyer, Defendant Dennis Johnson, failed to comply with the Order to Repair, and Lienvestors Inc. and/or Dennis Johnson continues to keep trash and debris on the Property in Violation of Chapter 152.04(E). 7. As of the date the City filed its Verified Complaint, the City, through Neighborhood Code Compliance, determined that the Property was an unsafe premises, a hazard to public health, and a public nuisance as those terms are defined by the Indiana Unsafe Building Law and the City of Fort Wayne Code Ordinances. 8. The Parties agree that as of the filing of this Stipulated Order, the concerns raised by the City have been addressed. 9. However, the Parties agree that it is in the best interest that this Court issue a permanent injunction against Lienvestors Inc. and Dennis Johnson pursuant to Indiana Code § 36 79-1 8 in relation to the Property. 10. In accordance with the terms set forth in this Paragraph, the City is authorized to enter the Property to bring the Property to the minimum standards set forth in the City of F01t Wayne Code of Ordinance and the Indiana Unsafe Building Law: a. The City shall send to Lienvestors Inc. and Dennis Johnson an email notification 2 informing them of its intention to entei' the Property. The emails shall be sent to the following e-mail addresses: ahcarlile@outlook.com with Lienvestors Inc. a copy to bheck@beckmanlawson.com Dennis Johnson dejaidennis@aol.com Defendants shall have forty- eight (48) hours from the timestamp on the e-mail notification to bring the Propeity to the minimum standards set f01th in the City of F01t Wayne Code of Ordinances and the Indiana Unsafe Building Law. It is the sole responsibility 0f Defendants t0 keep their email addresses current with the City and its counsel. b No extensions will be granted to Lienvestors Inc. and Dennis Johnson. If Defendants bring the Property to the minimum standards set f01th in the City of Fort Wayne Code of Ordinances and the Indiana Unsafe Building Law within the forty-eight (48) hour timeframe set forth in Paragraph 9(a) above, Lienvestors Inc. and/or Dennis Johnson shall send to the City an email notification informing Neighborhood Code Compliance representatives of their alleged compliance. The City shall send a representative to the Property to inspect and then inform Defendants if the Property meets said standards. d If Defendants fail to bring the Property to the minimum standards set forth in the City of Fort Wayne Code of Ordinances and the Indiana Unsafe Building Law within the fortyeight (48) hour timeframe set forth in Paragraph 10(a), the City will enter the Property to remove all trash, debris, illegal outdoor storage items, and inoperable vehicles. C. When entering the Property, the City will cut all locks and chains securing the 3 Property. The City shall not be responsible for the replacement of any damaged or destroyed locks and chains. If necessary for the safety of Neighborhood Code Compliance representatives and any contractor(s) hired by the City, the City will contact the F01t Wayne Police Depaitment to assist/stand-by While entering and removing all trash, debris, illegal outdoor storage items, and inoperable vehicles from the Property. . The City will charge Lienvestors Inc. an administrative fee of One Hundred Fifty and 00/100 Dollars ($150.00) per entry onto the Property to remove trash, debris, illegal outdoor storage items, and inoperable vehicles. . Pursuant to City policies and procedures, the cost to bring the Property to the minimum standards set forth in the City of Fort Wayne Code of Ordinances and the Indiana Unsafe Building Law shall be billed to Lienvestors Inc. each time the City enters onto the Property. 1 Invoices for' the fees and expenses charged by the City will be sent to the following addresses: Lienvestors Inc. Attn: A. Hunter Carlile Post Office Box 726 Winona Lake, Indiana 46590 with a copy to Brian C. Heck Beckman Lawson, LLP 201 West Wayne Street Fort Wayne, Indiana 46802 Dennis Johnson P.O. Box 6210 Fort Wayne, Indiana 46896 11. The City withdraws its request to impose a civil penalty on Defendants pursuant to Indiana Code § 367-9-19. BEERS MALLERS, LLP BECIngANi WSON, LL; é'dmZ» Adam M. Hemy (#2787 1-02) Brian" 89 02) 110 West Berry Street, Suite 1100 201 West Waéfigjfl3 e Street Fort Wayne, Indiana 46802 Fort Wayne, Indiana 46802 (260) 426-9706 (260) 422-0800 amhenry@beersmallers.com epgattomey@beckmanlawson.com Attorney for Plaintg'fi' Attorney for Defendant, Lienvestors Inc. Kim LIENVESTORS, INC . Déniiis Johns n PO. Box 6210 By: Fort Wayne, Indiana 46896 Defendant, Pro Se RS: Myflf SO ORDERED this day of , 202_ Special Judge, David J. Avery