COA: Res judicata bars Indy condo complex’s appeal of receiver fees

A dilapidated condo complex on the northeast side of Indianapolis is on the hook for half of the receiver fees assessed in its dispute with the city, the Indiana Court of Appeals affirmed Wednesday.

Wednesday’s opinion in Towne & Terrace v. City of Indianapolis, 20A-OV-1602, marked the fourth time the Court of Appeals has weighed in on the “protracted litigation.” The case centers on the Towne & Terrace condo development at East 42nd Street and Post Road.

Previously the Court of Appeals has affirmed rulings barring the city’s nuisance claim against the complex, appointing a receivership over properties owned by the city and ordering Towne & Terrace to pay half of the receiver’s costs. Then last month, the Indiana Supreme Court denied transfer to Towne & Terrace’s appeal of its order to pay half of the costs.

Meanwhile in August, the Marion Superior Court issued an order compelling Towne & Terrace to pay its share of the costs. It appealed that ruling to the Indiana Court of Appeals, which affirmed Wednesday on res judicata grounds.

“As Town(e) & Terrace’s appellate claim against the City in the current appeal again focuses on the assessment of one-half of the Receiver’s fees, which was finally decided through our supreme court’s denial of transfer in Towne III, we conclude that our review of Towne & Terrace’s claim is barred by res judicata and therefore, it is responsible for payment of one-half of the Receiver’s fees,” Judge Patricia Riley wrote for the unanimous appellate panel.

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