|By PR Newswire||
|February 18, 2014 03:18 PM EST||
INDIANAPOLIS, Feb. 18, 2014 /PRNewswire/ -- In a strange and contradictory turn, a local Marion County court ordered the Oaktree Apartment complex to close even though the County Health Department found no tenants were living in unsafe or emergency conditions. The court's ruling also conflicts with a different Marion County court's ruling from the prior day allowing the complex to remain open.
Oaktree Apartments, a complex on the east side of Indianapolis, is owned and managed by Indy Diamond LLC. On January 30, 2014, the Marion County Environmental Court found that some of the Oaktree complex was suffering alleged water and plumbing issues due to the record-breaking cold weather this winter. Since that order was issued, Indy Diamond successfully brought all occupied units into compliance, as found by the County Health Department.
On Thursday, February 13, 2014, Judge David Certo of the Marion County Environmental Court ordered that Oaktree Apartments may stay open following a successful inspection on Wednesday, February 12, 2014 by the Marion County Health Department. The Environmental Court further ruled that no tenants were living in apartments with emergency conditions, and that new tenants could move into the complex as soon as units passed inspection by the Health Department. The Court even noted that it may waive any accrued fines.
But on Friday, February 14, 2014, in a different Marion County court, Judge Gary Miller ruled that the apartment complex must close despite the Environmental Court's ruling and the Health Department's on-the-ground investigation demonstrating that no tenant was living in dangerous conditions.
"Judge Miller's order is baffling, not only because it directly contradicts the order issued by the Environmental Court the day prior, but also because it goes against the County Health Department's investigation and recommendations," said Indy Diamond attorney, Michael Aschenbrener. "We intend to pursue all possible remedies against the City for its role in this conflicting result."
SOURCE Indy Diamond LLC