INDY EAST MOTEL APPEAL DENIED

UPDATE MONDAY, NOVEMBER 19th, 8:00AM
On Friday November 16th, Judge Keele heard arguments from attorneys for the City of Indianapolis and the Indy East Motel regarding a request by the City to require the motel to close after the Judge upheld, on October 26th, the revocation of their motel license. Prior to the hearing, the attorney for the Indy East Motel had filed two motions with the court arguing that notice had not properly been given to the motel owner and that a May 2006 stay allowing the motel to remain open during the appeal process was still in force. The attorney for the City provided evidence that in several instances motel representatives had used the motel address as the only address for contacting the owner including on an application for a motel license submitted to the City the previous day. The City’s attorney also pointed out that if notice was not properly given to the motel owner, how did the attorney for the motel receive notice to appear on his client’s behalf. Judge Keele disposed of the second motion by reaffirming his October 26th ruling that sets aside the May 2006 stay.

The issue remaining before the court is whether rules that govern the City's License Review Board will allow the motel to remain open during further appeals. While an appeal of the Judge Keele October 26^th ruling revoking the motel license has not yet been filed, the motel owner has until the end of November to take such action. Judge Keele asked attorneys to file finding by November 30^th and set a new court date for Friday, December 7th at 9:00am.

Judge Keele spent the last few minutes of the hearing reminding everyone in attendance that while the legal arguments and continuances may be frustrating, the court takes the closing of any business very seriously and must carefully consider each and every issue.

UPDATE FRIDAY, NOVEMBER 9, 2007, 8:00AM
The enforcement hearing for the Indy East Motel is set for Friday, November 16th at 9:00am in Superior Court 12 located at 902 Virginia Avenue.

If granted, the enforcement action would require the Indy East Motel to close and could allow the City to enforce that order by boarding and securing the building. The City's request also asks that the motel owner be fined the maximum allowed, $2,500 per day, for each day the motel has stayed open since the original order two weeks ago. As with the other hearings, a strong Irvington presents in the courtroom Friday would help illustrate that Irvington is serious about this issue. We hope to see you Friday, November 16th.

UPDATE TUESDAY, OCTOBER 30, 2007, 12:30PM
City officials meet today with members from the community to discuss the Indy East Motel decision and the next steps. Since the time of Judge Keele’s ruling, the Indy East Motel has been operating illegally and in contempt of the Judge’s order. Lawyers from the City will file today a request with the Court requiring the motel business to close and allowing the City to board and padlock the building. The City will also begin implementation of a plan to assist the current residents of the Indy East Motel that is similar to the multi-agency plan put in place in May of 2006 when the motel license was first revoked. The process may take up to two week. The owner of the Indy East Motel still has 30 days to appeal the decision to the Indiana Court of Appeals or ask Judge Keele to reconsider his ruling. We’ll keep you posted.

UPDATE MONDAY, OCTOBER 29, 2007, 5:00 PM
There will be a short public meeting regarding the Indy East Motel decision and the next steps to be held Tuesday, October 30^th at 11:30pm in the Fellowship Hall of Irvington Presbyterian Church.

We have just been informed that Judge Michael Keele has ruled to deny the appeal made by the owners of the Indy East Motel.

The denial of the appeal means that the motel license for the Indy East Motel has been revoked and the restraining order allowing the motel to stay open during the appeal process has been vacated.

We will provide you with more information and what this means for the Indy East Motel as we find out later today and this week. Watch your email for updates as well as check the Irvington Community Council website (http://www.irvingtoncouncil.com) for more information. We should have a complete update at the next meeting of the Irvington Community Council on November 20th at 7:00pm in Fellowship Hall of the Irvington Presbyterian Church.