The next step in a long legal battle over a lawsuit filed by a landlord against the owner of his property was to move into the home.
The legal maneuver was all but complete on Wednesday, when the judge granted the landlord’s request to halt the eviction of his family and tenants in the home at 2920 E. Franklin Ave., according to the Indianapolis Star.
The judge ordered the eviction, which has been in place for nearly a year, to be temporarily stopped pending the outcome of the lawsuit.
The family and tenant’s lawsuit is based on the landlord, who was forced to sell the property in 2012 after the Indianapolis Metropolitan Transit Authority (IMTA) ordered the demolition of the property after its owners refused to pay taxes on it.
The lawsuit claims that the IMTA, which is owned by Indianapolis Mayor Greg Ballard, violated its own land-use ordinance and forced the owners to move out, but the city’s attorney, Mark Stoehr, told the Star that the eviction is “unlawful and in violation of the rights of the occupants.”
The family filed a lawsuit in 2014 against the city, the IMT, and Ballard’s administration for failing to protect the rights and property of the tenants and their families, according to The Indianapolis Star, but Stoeh told the newspaper that the city was not seeking damages in the case.
The eviction order would not affect the IMSA’s ability to sell off the property, the paper said.
“Immediately, this order will have an immediate and significant impact on our clients, as well as the IMTS property and its residents,” Stoeres attorney, Andrew Smith, told The Indianapolis Times.