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Attorney sues condo developer over accessibility

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A resident of the 3Mass condo development who uses an electric wheelchair is suing the developers for failing to provide handicap accessibility to a rooftop terrace overlooking downtown Indianapolis.

Katrina Gossett, an attorney at Baker & Daniels, had already put down her deposit when she learned that the terrace, offering impressive skyline views, could not be accessed without climbing at least two flights of stairs, the lawsuit says. Gossett agreed to buy the condo in 2008 and moved into her fourth-floor unit in January.

The suit, filed in the U.S. District Court for the Southern District of Indiana, Indianapolis Division, on Sept. 29, asks for Halakar Properties Inc., Keystone Construction Corp. and Schmidt Associates Inc. to bring the building into compliance with the federal Fair Housing Act. All three companies are based in Indianapolis. Gossett also is seeking compensatory and punitive damages, and attorney's fees.

An attorney for the developers, J. Thomas Vetne of Jones Obenchain of South Bend, said they are investigating the complaint and preparing a response. An official with Halakar said company policy prohibits comment on pending litigation.

The developers have marketed the terrace as an amenity for the building. It is maintained by homeowners' association fees that Gossett is required to pay, the suit says.

"Defendants have collectively failed to design and construct public-use areas that are readily accessible to and usable by people with disabilities, which is discriminatory conduct in violation of the Fair Housing Act," says the suit, brought by Indianapolis-based DeLaney & DeLaney.

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  1. Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

  2. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  3. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  4. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  5. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

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