STATE OF INDIANA > SS: ) COUNTY OF VANDERBURGH ) IN THE VANDERBURGH SUPERIOR COURT HOUSING COURT CITY OF EVANSVILLE. by its CAUSE NO. 82D0_-1507-PL- > CITY OF EVANSVILLE- ) VANDERBURGH COUNTY EE BUILDING COMMISSION, ) PLAINTIFF, ) vs. ) SCOTT D. MARSHALL, } KYLE D. HUGHES, ) and any and all Tenants and ) Occupants of 1007 W. Maryland) Street, Evansville, Indiana, ) DEFENDANTS. COMPLAINT FOR MANDATORY INJUNCTION AND COSTS Comes now the Plaintiff, City of Evansville, by its City of Evansville-Vanderburgh County Building Commission, (“Building Commission”), by counsel, Clay W. Havill, pursuant to Indiana Code §36-7-9, et. seq., and files a Complaint for Mandatory Injunction and Costs against the Defendants, and in support thereof states as follows: 1, Upon information and belief, Defendant, Scott D. Marshall, (“Marshall”) is an individual residing in the State of Tennessee, 2. Upon information and belicf, Marshall owns real estate and does business in ‘Vanderburgh County, Indiana. 3. On or about April 21, 2003, Marshall purchased and took ownership of the real estate located at 1007 W, Maryland Street in Evansville, Indiana (the “Property”. A true and acourate copy of the Corporate Warranty Deed transferring title to the Property to Marshall is attached hereto and incorporated herein as “Exhibit A” (the “Deed”). ‘The Deed was recorded inthe Office of the Vanderburgh County Recorder on April 29, 2003, as Instrument No. 200300018343, 4, On November 21, 2014, the Building Commission issued an Order to Vacate the fire damaged commercial structure situated on the Property and a Notice of Public Hearing (the “Order to Vacate”). A true and accurate copy of the Order to Vacate is attached hereto and incorporated herein as “Exhibit BY. The Order to Vacate was recorded in the Office of the Recorder of Vanderburgh County on November 25, 2014, as Instrument No, 2014R00026315, 5. On November 21, 2014, the Building Commission issued an Order to Raze (Demolish) the fire damaged commercial structure situated on the Property and a Notice of Public Heating (the “Order to Raz”), A true and accurate copy of the Order to Raze is attached hereto and incorporated herein as “Exhibit C”. The Order to Raze was recorded in the Office of the Recorder of Vanderburgh County on Novembe? 26, 2014, as Instrument No. 2014R00026417. 6, The Building Commission then initiated housing code enforcement proceedings against Marshall relative to the Property due to violations of Section 15.15 of the Evansville Municipal Code and to Indiana Code §36-7-9, et. seq. 7. On December 11, 2014, the Code Enforcement Hearing Authority (“Hearing Authority”) issued Findings of Fact affirming the Building Commission's Order to Vacate and Raze the Property (the “Findings of Fact”), True and accurate copies of the Findings of Fact are attached hereto and incorporated herein as “Exhibit D°. The Findings of Faet were recorded in the Office of the Recorder of Vanderburgh County on January 22, 2015, as Instrument No. 2015R60001547 and at Instrument No, 2015R00001548.8, Marshall did not file an appeal of the Findings of Fact under Indiana Code §36- 9-8, 9. To date, Marshall has failed to raze the Property in accordance with the Order and Findings of Fact. 10. ‘The Property remains in disrepair and in violation of the Order fo Raze and Findings of Fae, 11, ‘The Property is an unsafe building, remains a nuisance and a danger to persons and property, and Marshall has failed to raze the Property as required by the Finding of Facts. 12. On or about May 22, 2015, Marshall purportedly transferred the Property to Defendant, Kyle D, Hughes, (“Hughes”), A true and accurate copy of the Quit Claim Deed transferring title to the Property to Hughes is attached hereto and incorporated herein as “Exhibit, BY (the “Deed”), The Deed was recorded in the Office of the Vanderburgh County Recorder on. May 26, 2015, as Instrument No. 2015R00011740. 13, Upon information and belief, Marshall transferred the Property to Hughes with the intent to defraud the Building Commission, avoid bis obligation to raze the Property and otherwise comply with the Findings of Fact, 14, Upon information and belief, Marshall transferred the Property to Hughes for little to no consideration, 15. Hughes is named herein to assert any interest he may have with respect to the Property. 16. Any and all Tenants and Occupants of the Property are named as Defendants to assert any interest they may have with respect to the Property.WHEREKORE, the Plaintiff, City of Evansville, by and through the City of Bvansville- ‘Vanderburgh County Building Commission, prays and requests that this Court issue a mandatory injunction against Marshall and Hughes requiring them to immediately raze the Property pursuant to the Order to Raze and Findings of Facts, hold Marshall aud Hughes jointly and severally liable for any and all costs incurred by the Building Commission for the Property and pay the costs of this action, issue a civil penalty against Marshall and Hughes in an amount to be determined, and award the Building Commission all other reliof just and proper in the premises, ZIEMER, STAYMAN, WEITZEL & SHOULDERS, L.L.P. Molif B. Brifes, #69543-49 20 N.W, First Street P.O. Box 995 Evansville, IN 47706-0995 Tolophione: 1-(812) 421-1680 Facsimile: 1-(812) 421-5089 ATTORNEYS FOR PLAINTIFF, CITY OF EVANSVILLE, by its CITY OF EVANSVILLE- VANDERBURGH COUNTY BUILDING COMMISSION CERTIFICATION OF COMPLIANCE OF PLEADINGS WITH TRIAL RULE 5 (G) I hereby certify that the foregoing Complaint for Mandatory Injunction and Costs complies with the requirements of Trial Rule 5(G) with regard to information excluded from the public record under Administrative Rule 9(G).aa reer RE anny ‘94/20/2002 10:00" ig Fee 040.00 CORFORATE WARRANTY DEED er ‘nu meme rURn Werwvestrst Tha PY ROTI ING, « LEME corporation CONVEYS aND WARRANTS Kav thet , 72), Teacorn. MARsHALL ended sta d_ Sealey earmidane ga the Pasi Seria uot an conten pagel GO Sis Seep eh hey eet howe Subject al zenng an uo retllons,oxeting ondnantoesctnente and right-of-way oftecord whlch i an woy af toto tho rol eis, ‘Tho Grant will speume the payment of taxos on this ral ectoto Ueghaning wht the, installment 2002 taxes, whieh are due and payable in Yaw ances Fequent real enaia tae, ‘Grantor is oxcznpt from all texatfon Imposed by aay siete, county, muntelpaliy, oF oval taxing auhority, axcept for real property taxes, Thus, Grantor ls except torn any’ an si transfer tonee, S06 12 U.S.C. 1723002). {No Indians Gross income Tax ia de or payable fn respect fo tho tranafor made by this Inatrumen, “Thoundersigned person exertlog thie instrument of behalf of Grantor represents and osctifca hat heaho fe the duly-sesled officer of Grantor ans ban filly Saypawered by per resonate Bosd af Diresior of Gator ta exeato and seers tare it Grnorel orporate copay pcan thee sata inereby conveyed and iho al nooasory etlon fo he making of such conveyance Bren kon ant done IN WITNESS WHEREOR, the sume Grantor, FYROTEK ING, Hes onuted thls ‘Corporate Warranty Dood to bo axeauied fn His name and on ite behalf by Ie duly, saiorzed oer the a "day of gaceid 20 Sip APR 2 4 2003 Wg seas 9 Exhibit ASTATBORINDIANA courry oF LP Before es the yeep a Notary Fabio in and for Suid County and Ste on thie AL de +2003 personally appenced, REET ROTI IN, oo cen MET ae reqoing deed. IN WITNESS WHEREOF, 1 havo hereunto subgeribed ray nemo and affixed my offitat geal, My Commlsslon Explrast Count St Renldenas Pa wR scone smelter tempt tcc ol) ea SEND TAX DuPLioatss To; 2262, ti Hen Kae al bar Fle fF Zr @ 3875S Exhibit Ats One (1), Two (2), Throw (3), Four (4), Five (8), Si (6), Seven (7) and Bight ‘@ inBlock Three (3) n P, Deckers Fits Addition, also known as Decker First Adidilon to the City of Bvansvile es per plat thereof recorded In Plt Book B, age 77, in the offiee ofthe Reeorder of Vanderburgh County, Indiana, ‘ALSO, Lot Bight () ond tho North‘Thiten (13) feat of dey Lol Bight (7) in Block Tywo (2)4nP; si rst Adiifon, also known s3 fansville, #8 per plat thereof, recorded in Jeoork’s First Addition to thw.City-of ', page 7, In the office of the Recorder of Vanderburgh County, More consmestykxown as 1007 W. Maryland Stel, Bvanvile, Vanderburgh sy en a 7. cn Yolo. codes 11510.-27-059.005;61-510-27-057-006; and 11-510-27-057.007 pene Toot ? Copes MERGED To 21-657 -C0e Founda Exhibit AeC 1 1 204 STATROPDDUNA GrvOrEvaNsviie — } oxp or nis FBVANSVILLE-VANDERAUROM COUNTY None onrunucraARNe 4 opt W. Think Ae DYRE WIE MATTER OP UNSAVSPREMISES LOCATED AT NORTH THIRD AVEGG | 7110 ‘TAX CODIE B06. 07-59 05-05,6.0638-027.497. 06 41a-beDORFONTT AS Gumrtan RGAE Descrmrton:DECKaRs15rA0D cov THRs, aNo3,ALSOT5, AND PREIM 2 BOOE SND PAGESDE D707 ‘CASENO: 61009 sseu2n.-v Tor SCORTD MARSHALL OWNER 2082 WITTEN RD MEMPHIS, TN 34134 ANY AND ALL TENANTS, OCCUPANTS CONTRACT PURCHASERS, LINE ESTATE HOLDERS AND ALL OTHERS NORTH THIRD AVENUE. ‘AKA: 1007 W MARYLAND STREET EVANSVILLE, IN745154 SCOTTD MARSHALL,-OWNER Passat LC, 36-19 and hy Orne 155 lav pou a belo as tig eave opty Inet in ta tovereeced le rents, Post LC, 367-94, abla of eect, ory Fu 92 ‘eager eet Oat (1a pled ctu conn mas Weslo spe oF reper Aroha) earl toe pe heals (pe masz; (3) anges pers pop eats of ‘otlen of too erdaae estar Dbtlg conden ce maleranc} (6) tl not elaealeds ‘tpsonir ta ou alow maa ables, crpany ore vaderta glazes fa ‘Year tay onde to sk long ea: AGATE, FER AMAR COMER CAL STRUCTURE, AN NGAI STRUCTURE TOE ‘VACATID ON OR BEFORE THE FOLLOWING DATE: 3.2014 ‘aS STRUCTURE IS TO REMAIN VACANT AND SECURE, ‘ORDINANCE VIOLATION FINE: NA i a aa ‘saa eet ager tage et ey ‘A Hendon is eae wl be hal bby Hog nafs ena i Pion a Roos 307 of Ba Ce Car tye tnt, nae i Diy resi, You exe to appeals Hea, wo wit Yel eos 0 prete ‘ident, on amie wien sof pet argo Head Autry, ‘Atle ein. te eateg Act cabal, dl ere le Of 1s ORDER timed oc rly tye ene i es ORD seabedeom bong cf anaad tele ea rete Ce tate te salon st oe {Wis ORDER is tien or mdied By the Hing Aon Jo sa an th Om in fe ae rere vce nay eae sciatic Brats 1848 del reasons ey ote property and ap tne pron nse hen ft : | Exhibit Bcon snd fila @ Comaplatt ogslast you ta Vandevburgh County Czeolt or Supartr Cont to enforce ress centr eh et Ga ett Pea ert ahaha ie ey Eivatonte aneeeiscynacraat rerpiesonepageenananttetnngb i OR 1) laurt bn cushy te faag oF ‘redagio ani tantra, Roumate eos id ie) day afr ranrgoersngo nthe wate prt, pi ho Erane-Vaserbuns County pry it ‘olin Cenafon Ss in eich nfl erat anphonemrbor te pean ebsites pete ad lg tet adr water or eet Cieatertendsantayroret oie ened. ‘This ORDERIS itued on NOVEMBER _{/_,2014 by te Ciy of Bvanavile- Vanderburgh County SalngChnnon of Cy ot vans. ‘ivonom wa pant LL aoe Svar nih Coy Big Cuca 410 Cat Cooper, 1 AY Masta aber King, Blvd ‘Brasil 708 iy asiats op (nase enon eo Brander Coy ls eft Cy pea tl avons cts eS Sy FILED Noy 24204 CITY OF EvaNsyinLe BULDING COMMESION Exhibit BA vata ‘pec 11 ame STATBORINDIANA ‘CY OPEVANSVILE =} ORDER OF THE LBVANSVILLE-VANDERBURGH COUNTY ‘BUILDING COMMISSION AND [NOTICE OF FUBLICHBARING 14 Ne THIRD Ave 41D [NRE THE MATTER OF UNSAFE PREMISES LOCATED ity NORTH THIRD AVE. 47710 ‘ABCA: AND INCLUDING 1007 WEST MARYLAND STREET 47770. ‘TAX CODE: §2.0610-071-059.005. 029, 82 0638-027.087 006.029, 82.0619.047.057. 007499, IRGALDRSCRIPTION; DECKERS IST ADD LOTATERU8, BL3,AND 1.8 & PT... 7, HL, “YBOOK AND PAGE:3K.B,PO.77 a CASENO: 6109 14.0B272. COMMSTRUCTURE, To: SCOTED MARSHALL — OWNER 282 WHITTEN ED ‘MEMPELS, TN 98124" 2289 WHITTEN RD : rts 0 36-9 a hy Onan 1515, ad, youhae ets eae as beige propty Inet in be af pole Putas to LC, 3579 4, a baldag of eva or any puto ‘lng oer, at (ane stl coedea at aes asl tapos pet) ‘rebar () bn to be heathy (apa nalanz;() dangers to ape or propery beac of ‘ion of et or eats cons aaa uate rsalnnnseo( bl tat land Ie ‘ato dal woud alow Iara bln, osrpecy, or oleh enact ofa ule reac ended an nf alg 6. 36.94 fat prove Gl vst bog te ato leas o¢ ‘ble blond conned weatepemee. ‘You rohan otro Ua ha fontng aos: RAZE (ORMOLISH HIRE DAMAGKD COMMERCIAL STRUCTURE, CLEAR AND LEVEL ‘THE LOT ACCORDING 10 CITY SPECIFICATIONS ON OR BEFORE: DKCHMRERS 2014, ‘THIS STRUCTURE IS TO REMAIN VACANT AND SECURE. ORDINANCE VIOLATION FINE: Kit . ‘The ORDER speeds ay pel sage hug oa wy a ob or efile pra wer tg ‘units bala bf crehero ORDER uel". A aa epiag Os mater dbf ta Hoag Auth oth Ci of Miri Idan wt 1200, Pica a oom 307 of Co Cente Cone, Ont W Man Laer ing Bly, Foe etile o appear at Veg ws ovo gl eoasel preset ride eeu asi Wines and pret armen bbe Hing Ahoy, Ave Hearn hs Heng Aor cen leon, mol or ens Onda Cs ORDER owed ‘Dodd by Reade Atay, esha tb ip pric 01. 364-9, we opel ot ORDER by Boga ean tng Neg i tna Hag hay we hho inp Getter ona co) ence sso nh sas Exhibit ©1 Gs ORDER fee or ode by the Heasog Astor we you flo epy wlth ls ORDER. ‘ti the ts presen he Cy ef ania a ch cna an thrid by 3-9 a8 Cy ‘Ordlcnc 1:15, tg raenuhs entry onto a propery and ery tte ps fcted freon fe ‘ee Cy of rane sala an tine cose a enone arty esac Ie property or base pret referenced in ls ODER under ny oe sae flea a ee ‘rant tC. 367957 yu art ep op a natin egg ORDER a ‘he ts gc 9 baal Prope nee nan pee bere eat beredogio ante tatfatest ores gous wie dear arog orang a {reer nnd oper ares ia nae pres spay tu Eval Vanderoeh Cae) ‘lag Cemmace, hte copo ot afin alorurce oepana maser ef epeotakng ‘tii ae pen ep rm deena {otrenderasebusal proper ‘This ORDIRIS sued on byte City of Ryan Vanden County Ballding Commision of hs Gh of Pyaar, Jelana ‘Ras oRDER vee reeant nn of tnt ee casa eee ee Senor aoa Se on EASES ea tee eee esha ban Seer . : FILED WOV 21204 * INSVILEE SR, geesNaeE Exhibit CEi = vou : Saas, stasmormpusa > va Neem vce courrrorvavmanson "5 soitos or ror wean FG Ae sepromansace on Scorrpuaneatt- om seu esse SGT NS As a0 an cousanD occunATE eae ane VANIER en. a wlZ. G( 4p 6/3 ~ Sales Disclorure NOT required 3 727 oda coy HDT rota ates Cog faa wegomntcinonee, 7 Exhil EEXHIBIT" A“ |* Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), and Eight (8) In Block Three (3) in P, Decker’s First Addition, also known as Decker’s a Addition to the City of Evansville, as per plat thereof, recorded in Plat Book B, page 77, in the office of the Recorder of Vanderburgh County, indiana, More commonly known as 1007 W. Maryland Street, Evansville, Vanderburgh County, Indiana, Tax Code: 11-510-27-059-005 Tax Parcel ID: 82-06-19-027-059.005-29 Vandorburgh County, 201520011740 Page? of? Exhibit E