GOSHEN — A Goshen landlord is suing the city to keep one of his properties from being torn down.
The city Board of Works on Aug. 19 ordered the demolition of a house at 414 River Ave., owned by Ron Davidhizar. The order came despite Davidhizar’s report on the progress he had made in addressing a list of code violations found at the property.
Those included fire hazards and broken windows, prompting the board to declare the house uninhabitable. It was a property that had been in disrepair for decades, Mayor Jeremy Stutsman said at the meeting, and the latest city action was pending against it for months.
On Wednesday, Davidhizar filed a lawsuit in an attempt to stop the city from demolishing the property.
“Although the house at 414 River Avenue is currently vacant and temporarily not in condition available for human habitation, occupancy or use, under ... Indiana’s Unsafe Building Law, that house and the tract where the house is situated would not be considered unsafe premises on account of temporary condition susceptible of repair,” states the complaint, filed in Elkhart County Superior Court 2. “Therefore, the findings in the orders of June 25, 2019, and August 26, 2019, are arbitrary, capricious, an abuse of discretion, unsupported by substantial evidence and otherwise not in accordance with law.”
Davidhizar asks the court to reverse the decision by the Board of Works.