Monday, October 29, 2007

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 26th 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 30th 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 30th 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.

12 Comments:

Anonymous Anonymous said...

This is a great day for Irvington! The closing of the Indy East is a sign of Irvington's (and the eastside's) upward progress! Maybe ZLB and some of the people in Irvington Plaza will take notice and make some changes.
Thank you Irvington Community Council for spending so much time and effort over the past few years making something this great happen in Irvington (and all the other great things you guys do)!

12:00 PM, October 29, 2007  
Anonymous Anonymous said...

This is truly remarkable and sets a precident from which Irvingtonians can launch our next campaign to bring down the ugliness within our community. ZLB DOES need to take a hike elsewhere.
We don't want all the rifraff hanging around the plasma lab parking lot.

1:38 PM, October 29, 2007  
Anonymous Anonymous said...

Congratulations!!

Thank you for all your work!!

I agree let's work on getting ZLB off our mainstreet.

3:43 PM, October 29, 2007  
Anonymous Anonymous said...

Indy east motel is not operating illegally they still have an injuction and also a stay that they got last year. I hope irvington really looses in this and quit being racist and not target one business owner in irvington. After the Indy east they will go after other businesses.

4:36 PM, November 14, 2007  
Anonymous Anonymous said...

Also glad to seee Peterson go. Who will they go suck up to now BALLARD?

4:37 PM, November 14, 2007  
Anonymous Anonymous said...

You guys are just cannot see past your noses.

They way to clean up Irvington, is to sort out the root problem.

UNEMPLOYMENT and DRUG DEALERS.

Try telling the city to set up some training initiative and to tackle the drug dealers.

The drug dealers will still deal, they will deal disused houses, etc.

5:44 PM, November 17, 2007  
Anonymous Anonymous said...

Wow, I thought I was the only heretic that isn't onboard with the Irvington Community Council's 2+ year crusade against the Indy East. Frankly, I'm more scared of an organization that can wage this kind of campaign against a business that's been operated by the same family in the center of Irvington since the 1970's than whatever might be going on behind the doors of the Indy East. Anyone else think that at least part of the "reputation" the motel has is because of the Irvington Council's continuous smearing? Yeah, let's all get behind the search for the next business we don't like. If we don't like a place, it's our right to drive them out. Sure puts the "community" in Community Council, eh? :-)

6:05 PM, November 19, 2007  
Anonymous Anonymous said...

So really is the irvington council really going to suck up to Greg Ballard since their favorite mayor Bart peterson Lost the mayor race???????????????????????????????

10:34 PM, November 19, 2007  
Anonymous Anonymous said...

This community is a joke.

How ignorant can you be, just look at whores that hang outside Applebys and the Village Pantry.

The problem is not the motel it is the community that cannot see past their noses, and are to focused on creating a problem that is of their own making.

Just walk around Irvington and see how many times you get approached,especially when you go towards downtown.

What you need is regeneration, not degeneration.

3:15 PM, November 20, 2007  
Anonymous Anonymous said...

All the motel does is try to provide affordable accomodation.

So how many of you can afford to stay in the better franchise hotels?

Think about your actions, don't be so bull headed and ignorant.


All I can say is if you want to improve the community, do it collectively, do not smear the hard working businesses. Work with them not against them.

Did you know much of the cosmetics you are smearing on your face uses blood/plasma derived products.

The blood/plasma has to come from somewhere.

Like I said you can be really ignorant

3:24 PM, November 20, 2007  
Anonymous Anonymous said...

Back to the bad old days, whats next a lynch mob !!!!!!!!!!!!!

Looks like you guys are going reverse gear,and in autodrive.

Use your brains and common sense. Not panic, hysertia and paranoia !!!

1:44 PM, November 21, 2007  
Anonymous Anonymous said...

The Community Council has done
some positive things such as
contacting the city regarding the
relocation of a disproportionate
number of released criminals to
the east side, as well as
sponsoring the annual Halloween
Festival. But the persecution of
a long time Irvington business
basically for the principal of
"urban engineering" can't be
tolerated. Sure, the motel isn't
as glamorous as a bicycle shop,
upscale pizza parlor or dog
biscuit bakery, but we can't shut
them down just because some might
not like them. It's just as
wrong as it was 30 years ago to
try to run families of certain
races or religions out of the
neighborhood because they didn't
"fit in". Irvington was
originally an eclectic mix of
artists, students, professors,
doctors, businessmen, poets, etc.
and our goal should be promoting
a climate of tolerance,
neighborliness, and
individuality, not making
Irvington into the next bland
Carmelsvillefield. The motel was
cooperating with police
(contacting them regarding
illegal activity, tipping them of
people checking in they knew had
warrants, allowing sting
operations, etc.) before the
effort by the council to shut
them down. If the goal is to
reduce crime, this is the kind of
interaction we need between
business and police. But
businesses will understandably be
wary of this type of cooperation
if it can then be turned around
against them, in order to label
them a "nuisance".

For those of you interested in
making a difference, the next
hearing on the Indy East is
scheduled for Fri. Dec. 7th at 9:00
am at Superior Court 12, 902
Virgina Ave. I believe this is the
second, larger courtroom in the
back. There won't be a show of
hands for those for or against the
motel being allowed to operate, but
if you think an individual can't
make a difference, read the ruling
for yourself:


Indy East ruling


A large portion of the revocation
of the license by the license board
was based on only 3 letters, one
from the president of the council.
So those of you who work, live or
drive by the motel daily, ask
yourself, "What effect, really,
does the Indy East have on my daily
life?" I would wager for at least
99% of you, the answer would be be
"None." If that's the case,
consider taking off work to support
a longtime local business, if for
no other reason than if we don't
stand up for those in our
neighborhood, who will stand up for
us if we happen to be next on the
list?

3:39 PM, November 28, 2007  

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