Published: September 18, 2006 11:26 pm            

Wabash Valley Sports Center wins lawsuit

Business can seek damages from Lost Creek township for collapsed land sale

TERRE HAUTE — Wabash Valley Family Sports Center is the owner of land on the south side of U.S. 40 at the former Glenn Civic Center, a special judge has ruled in a lawsuit.

The Sports Center filed the lawsuit last spring against Lost Creek and the township trustee after the center’s planned sale of the property collapsed.

Special Judge Sam A. Swain also ruled that Rick Long, the township trustee, individually is immune from civil liability in the lawsuit as he was performing within the scope of his employment as trustee.

The judge ruled that the township is not immune because its Advisory Board consented to and approved Long’s challenge to title of the property.

Because of that, the Sports Center could still seek damages from the township. The Sports Center had planned to sell about 10 acres of land to the New Life Fellowship church for $250,000. The agreement called for $45,000 of that to go to Dennis Trucking Co. Inc. for excavation work and the remainder paid to the Sports Center.

The Sports Center, 599 S. Tabortown St., filed the lawsuit in April 2005 after the church requested $5,000 earnest money returned after Long and Lost Creek Township contended it owned the property, claiming the land would revert to the township if the property ceased to be used for recreational purposes.

The Sports Center’s board of trustees will meet today and determine if it will seek damages from the township, said Tom Newlin, president of the Sport Center’s board.

“We will vote on that. It is an option. Hopefully we can all put this to rest. We never lost the land,” Newlin said, referring to the judge’s order.

Board member Bill Bryan, who also is a Vigo County commissioner, said he would oppose seeking damages from the township. “I would not be in favor of going after the township. It would put another liability on a township that doesn’t have a lot of money to start with.”

Long said he was disappointed in the ruling made last month.

“I feel the taxpayers are the big losers in this. We are not going to appeal the ruling,” Long said.

“As trustee, I do not like the decision made by the judge, however, myself and the Lost Creek Township Advisory Board will have to accept the court’s decision,” Long said.

The Sports Center claimed that the property was originally owned by the Vigo County School Corp., which deeded the land to the Vigo County Park and Recreation Department. The park department then deeded the property to Lost Creek Township, which conveyed the property to the Sports Center. Language in the deed would return the property to the school corporation if it ceased to be used for recreational activities.

However, the school corporation and park department each released all rights, title and claim in the property to the Sports Center in January 2005. The judge ruled the reverter clause expired after 30 years, making the Sport Center’s title no longer subject to the reverter.

Howard Greninger can be reached at (812) 231-4204 or howard.greninger@tribstar.com

        

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