South Bend mayoral candidate gets to stay in home a bit longer

October 07, 2011|By John Paul (jpaul@wsbt.com), Click here to follow John on Twitter | By John Paul (jpaul@wsbt.com), Click here to follow John on Twitter

SOUTH BEND – South Bend's Republican mayoral candidate and his neighbors have been given more time to stay in their homes.

Wayne Curry and his neighbors went to court to stop the city from using eminent domain to take his home for a development project.

The judge told both sides to try and work out a deal.

The decision will give Curry and Sam and Betty Kariuki more time in their homes.

"We love our neighborhood," said Sam Kariuki. "All we want is to stay over there."

It's been a year-long battle and the homeowners wanted Judge Michael Gotsch to stop the city from using eminent domain to force them out so construction on Eddy Knolls, a private development, would continue.

After an hour-long proceeding, Curry is glad he and his neighbors have time.

"We didn't get as much as we wanted, but we do get to stay in our homes," said Curry. "This is good news. The city didn't get what they wanted. This is a good thing."

Curry said the city was a bully.

"They wanted to come at us and say they have all the power and we don't have rights to challenge their decision," said Curry."

Curry maintains the city wants their land for private purposes, and that is illegal.

Asst. city attorney Larry Meteiver tried to persuade the judge the law was on their side.

He told Judge Gotsch the city's efforts are legal. He said the city wants Curry and the Kariuki's property for a road.

While the development is private, the road is for public use, and the law is on their side.

Meteiver cited statutes that he believes makes it clear – construction for roads, highways, bridges, airports and tech parks are for public use.

But Jim Masters, Curry's attorney, said South Bend cannot use eminent domain to buy these homes because the two homes on Burns Street don't fit the criteria for the city to use eminent domain:

-unfit for public use

-public nuisance

-vacant

-not maintained

-poses a threat

-abandoned

-do more than increase tax base

Masters also told Judge Gotsch the city doesn't plan to build a street. He said South Bend will actually transfer the land to the developer.

Masters said the road would not be built on Curry's or the Kariuki's property.

Judge Gotsch told both sides he understands both of their arguments. While he considers their merits, he ordered both sides to negotiate.

Attorneys have 10 days to find a mediator and they have until January 31, 2012 to reach an agreement.

Curry told WSBT he expects a deal will be reached before then, because developers want to get the project moving.

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