Judge sends New Palestine business dispute to mediation

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A dispute over zoning for the building on Main Street in New Palestine will go to mediation, a judge ruled last week. (Kristy Deer | Daily Reporter)

HANCOCK COUNTY — The lawsuit filed by a New Palestine business owner against the town’s board of zoning appeals has been ordered to mediation.

Attorneys for the board and the business owner, Ron Adams, were part of a conference call in Hancock County Circuit Court late last week. After the meeting, Judge Scott Sirk decided an outside mediator might have the best chance at helping the two sides reach an agreement.

If Adams and town officials cannot reach an agreement, the case could end up going to trial. Sirk set a pretrial hearing for May 2.

In October 2020, the New Palestine BZA rejected a plan by Adams to continue using a building on Main Street as an event venue.

Adams and his wife, Tamey Adams, who own Round the Corner Grill, 19 S. Bittner Road, accused the BZA of violating state law in its vote against the proposal. They also accused one member of a conflict of interest.

The couple’s attorney, John Merlau, said the board violated the state’s Open Door Law when it conducted a secret vote. The lawsuit also says a BZA member who has a relative living near the venue should have abstained from the vote. The petition states the decision by the board was arbitrary, capricious and constituted an abuse of discretion.

The petition argues that the secret ballot made the entire action illegal. Merlau asked the court to void the vote with instructions to grant the special exception in order to prevent the BZA from continuing the illegal voting practice in the future.

The Adamses have invested $110,000 in the building at 121 E. Main St. and sought to change its zoning status from “storage” to an “assembly hall.” The couple had been holding events there for some time without proper town approval. They were seeking to formalize a variance after the town received complaints about noise.

The town’s attorney, Ted Nolting, said he could not comment on pending litigation.

Merlau said he hopes the parties can keep an open mind heading into the mediation.

“The court recommended it, and hopefully both sides will enter into it with good faith. Who knows?” Merlau said. “Mediation is a process; they can’t force anyone to do anything, but I’m in favor of that process… It never hurts to talk.”