HANCOCK COUNTY — A dispute over covered-up windows on a downtown building owned by a Fortville town councilman continues to drag out in court, with the councilman continuing to battle the planning department and the town arguing he should be held in contempt for violating a court order.
A judge decided the matter months ago at a trial with a verdict that directed the councilman, G. Lenzy Hendrix, to comply with an ordinance that requires certain materials be used to cover windows in buildings that are under renovation. Hendrix owns property at 108-110 S. Main St., and the material he has used to cover the windows and a door — mostly transparent plastic sheeting and wood — was found to be in violation of town rules.
But Hendrix has continued to defy the ruling, arguing that the terms the town uses for the materials in its requirements aren’t well-defined. He contends state and national standards indicate the transparent plastic and wood he’s using for the exterior of the building are acceptable. Last week, he brought in an expert to testify to that assertion as he battled a contempt motion filed by the town.
The town argues its rules mean glass should be used for the temporary windows. The town also argues that the time for scrutinizing perceived weaknesses in Fortville’s regulations was at the trial, which was held in January before Court Commissioner Cody Coombs.
The dispute has been going on since August 2017, and the town filed a lawsuit in September 2018. Coombs made no decision on the town’s contempt motion at the hearing last week. He took the arguments under advisement and gave attorneys 30 days to file additional briefs before he makes a decision.
Hendrix’s term ends at the end of the year and the independent is not seeking re-election.
