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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. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  2. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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