Former Walgreens Property:
Dollar Tree Update
Indiana Court of Appeals affirms use of
former Walgreens property with Dollar Tree as its tennant,
in spite of opposition from Indianapolis Metropolitan
Development Commission and our organization.
More details related to the Appellate Court Case #18A-MI-02761 and Marion Superior Court
(Civil) Case #49D07-1804-MI-013798 may be viewed by accessing the IN Courts Public Portal at: https://public.courts.in.gov/mycase#/vw/Search
With strong community support, in 2018-19, we actively opposed
a new Dollar Tree store moving into our former Walgreens property at 56th Street and Kessler Boulevard. The Marion County Metropolitan Development Commission (MDC) supported our efforts with a ruling that blocked it. A successful appeal by the property owner led to work proceeding on a store that opened in early 2019, in spite of a pending second appeal by the MDC, seeking to stop it again.
THE LATEST UPDATE:
We have been monitoring the status of the MDC appeal against Mr. Novogroder, owner of the property that now houses the Dollar Tree. Most recently, we learned that the Indiana Court of Appeals rendered an opinion on October 4, 2019. It was penned by Judge Brown and affirmed by Judges May and Mathias. The summary of the opinion affirms the judgment of the trial court who overturned the MDC's favorable ruling for us in March, 2018, and also affirms Mr. Novogroder's use of the building with Dollar Tree as its tenant.
Millersville at Fall Creek Valley, Inc., (MFCV) representatives plan to meet with the city attorney to discuss the implications of this ruling for the other commitments on this property and any further proceedings required.
Recap - chronology of key developments and actions taken by MFCV throughout this legal challenge
Opinion issued by Appeals Court, October 2019