BKS Wins Verdict of $1,136,000 against City in Eminent Domain Case

After deliberating just 45 minutes, a La Porte County jury recently reached a unanimous verdict awarding $1,136,260.00 to BKS clients in an eminent domain case against the Michigan City Redevelopment Commission. BKS’s Glenn Kuchel, representing the landowners, interpreted the verdict as a rejection of Michigan City’s attempt to use alleged environmental contamination as an excuse to minimize the fair value of the property. Seeking to take parcels of property totaling slightly over 2 acres directly across Trail Creek from the Blue Chip Casino complex, the City had claimed before trial the property was worthless due to contamination. At trial the City revised its position upward and asked the jury to award only $188,000.

The case was tried before a Special Judge appointed by the Indiana Supreme Court when, in response to attorney Kuchel’s motion for a change of venue, all of the La Porte County judges and magistrates disqualified themselves from hearing the case. Upon hearing the evidence at trial, the jury squarely rejected the City’s claims and sent a clear message to governments throughout the State of Indiana that juries have little tolerance for attempts by the government to take advantage of landowners. Because of the City’s failure to make a sufficient offer before trial, the City may now be obligated to pay significant additional statutory expenses and costs which, along with pre-judgment interest and relocation costs, will bring the total amount of the verdict to well in excess of $1.2 million.

It should be noted that a landowner of a nearly identical parcel right next to those in this case who was not represented by Mr. Kuchel or BKS reportedly accepted less than $100.00 for that property in response to the City’s tactics. Co-counsel, BKS’s Carol Green-Fraley said, “This verdict should restore everyone’s faith in the jury process. All the landowners wanted in this case was fairness and the jury spoke loudly that unfairness will not be tolerated.”

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If you have any questions about this case or an issue related to eminent domain, contact Glenn Kuchel at 219-933-6200 or gkuchel@bkslegal.com.