DEMPSEY v. DEP'T OF METROPOLITAN DEV'T

No. 49A02-1102-MI-165.

953 N.E.2d 1132 (2011)

Gordon B. DEMPSEY, Appellant-Petitioner, v. DEPARTMENT OF METROPOLITAN DEVELOPMENT OF CITY OF INDIANAPOLIS, Appellee-Respondent.

Court of Appeals of Indiana.

August 16, 2011.


Attorney(s) appearing for the Case

Gordon B. Dempsey , Indianapolis, IN, Appellant Pro-Se.

Marc Pe-Caine Sultzer , Assistant Corporation Counsel, Department of Metropolitan Development, Indianapolis, IN, Attorney for Appellee.


OPINION

BAKER, Judge.

A property owner paid a penalty that was imposed by the Department of Metropolitan Development of the City of Indianapolis (DMD) under the Unsafe Building Law while an appeal was pending that avoided a tax sale. The trial court determined that the case was moot and granted the DMD's motion to dismiss the appeal. We hold that the case was not rendered moot merely because the homeowner voluntarily paid the fines and penalties to avoid...

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