Warsaw Times Union 05 17 2018 E Edition Page 1A

SILVER LAKE - After near ly three hours of testimony on the order to demolish the former Silver Lake Elementary School, Hearing Officer Thomas Earhart had a simple question: Who owns the building? Silver Lake Partners LLC was set up early on, he said, but it was dissolved. "So there was a period of time when there was no LLC own ership at all, until the new LLC was formed in February. ... Because the property was originally part of the original LLC that was dissolved, I've heard no testimony about whether the property has been made an asset in the new LLC. Can anybody enlighten me on that?" Earhart said. "Because if not, it reverts back to Mr. (Mike) Baur, he's the owner." Baur is a member of the Silver Lake Partners LLC and is fighting the town's efforts to demolish the old school. His attorney, Bruce Munson, said, "I don't think by reason of being a member of an LLC he becomes the owner." Earhart said he thought there was a statute where Baur became owner as an individual because of the dis solution of his LLC and because the property wasn't reinstated in the new LLC. Munson said he thought there was a statutory protec tion against that. Earhart told Munson if he could find that, to send that information to him. Munson said he would. Scott Reust, town attor ney, responded, "The only deed that's been recorded - unless there was some deed or transfer of asset other wise, which real property can only be transferred by deed - was recorded in 2008 and that was transferred to Silver Lake Partners LLC 2008 enti ty. I don't know who else could possibly be the owner without a transfer of that property." Earhart said he wasn't in a position Wednesday to make a decision on the demolition. "I will do that in what I believe is a fairly timely man ner because I know this is something of a concern to not only to the parties but to the town of Silver Lake as well," he said. He said he will notify the legal counsel of his decision. After Earhart makes a decision, there will be an opportunity to appeal it through Kosciusko County Circuit Court within 10 days. Reust told Earhart that the LLC was created as a domes tic limited liability company Oct. 15, 2008. The partners purchased the property from the Winona Arts & Restoration Preservation Inc., with the warranty deed recorded Oct. 29, 2008. "Since Silver Lake Partners LLC has been owner of the building, there's been numerous, unending com plaints of the dilapidated building, unsafe structure and the uninhabitable build ing. The town of Silver Lake has had to deal with that on a regular basis for now going on 10 years," Reust said. He said Baur is the regis tered agent of the partner ship and whom the town deals with, along with his attorney, Munson. He said the town has made every effort to "hold (the partnership) to the promises they made at the time they became owners of the building, and none of that has come to fruition." Baur later said he never made any promises but had goals for what he wanted to accomplish. Reust said the LLC was administratively dissolved in 2014 so there was some con fusion as to who may be appearing for the LLC. Munson said the LLC was reinstated in February, but Reust said that wasn't true. Munson said it is true accord ing to Secretary of State records. Reust said a new company was created and new articles of organization were filed, but it wasn't a reinstatement. Munson said he and Baur were there on behalf of Silver Lake Partners LLC, and Reust asked, "Which one?" Munson said both the 2008 and 2018 LLCs. Town Council President Chad Miner testified there's been a number of complaints over the years about the school, including ongoing deterioration, birds or bats in the building and the build AKRON - Tippecanoe Valley High School announced Cheyene Oldfather as the valedicto rian and Dakota Parker as the salutatorian for the graduating class of 2018. Cheyene is the daughter of Beth Oldfather, Rochester. Her plans after high school are to attend Florida State University to major in chemistry. She plans to pursue a career in the medical field. Dakota is the son of Joshua and Lichelle Parker, Silver Lake. His plans after high school are to attend Purdue University to major in engineering. He plans to pursue a career in the engineering field. The last day for seniors is May 25. Senior breakfast will be at 7:15 a.m. in the commons, followed by sen ior awards in the main gym at 8:30 a.m. and grad uation rehearsal at 9:30 a.m. Graduation ceremony is June 3, with doors next to the student parking lot opening at 1 p.m. Baccalaureate begins at 2 p.m., followed by gradua tion at 2:45 p.m. The class flower is the rose, with the class colors being green and gold. The class motto is, "We might not have it all together, but together we have it all." TIMES UNION May 17, 2018 WARSAW, IN - $1 - FOUNDED 1854 - NO. 117 @TUonline Times-Union - Warsaw timesuniononline.com Lifestyles Roast chicken and vegetables together without a soggy mess. Page 6A Opinion Sports betting: Let the states wet their beaks. Page 4A Contact Us: PHONE: 574-267-3111 MAIL: P.O. Box 1448, Warsaw, IN 46581-1448 EMAIL: news@timesuniononline.com Low 59 High 69 Sports Valley sweeps Whitko in baseball, soft- ball action. Page 1B Partly cloudy tonight; mostly cloudy Friday. TIMES UNION $0.50 8 5 32320 00001 Thursday IN OUR 164th YEAR OF CONTINUOUS SERVICE TO KOSCIUSKO COUNTY BY DAVID SLONE TIMES-UNION Staff Writer dslone@timesuniononline.com STAFF REPORT See RESTS- Page 2A $1 Silver Lake Town Marshal Jason McGlennen (L) testifies Wednesday during the hearing for a petition by the town to demolish the former Silver Lake school building. Seated (L to R) listening to the officer's testimony are Scott Reust, attorney for the town; Hearing Officer Thomas Earhart; Bruce Munster, attorney for Silver Lake Partners LLC; and Mike Baur, a member of Silver Lake Partners LLC. Photo by David Slone, TIMES-UNION The rider of a scooter was injured when the vehicle was involved in a crash with a car at about 2:20 p.m. Wednesday. The incident occurred at the intersection of Market and Indiana streets, Warsaw. The rider was transported to a hospital by Lutheran EMS. The scene was cleaned up in a matter of minutes. Along with the EMS, the Warsaw-Wayne Fire Territory and Warsaw Police Department responded to the scene. Further information was unavailable at press time. Photo by David Slone, TIMES-UNION Circuit Court Judge Michael Reed granted a preliminary injunc tion Wednesday against Kosciusko County Community Fair Inc. having motorized racing at the fair grounds. During the court proceedings, the Fair - the defendant in the case - is "prohibited from conducting, running, permitting or allowing motorized racing on fairgrounds property or otherwise violating the restrictive covenants" that were put into place in 1990. The plaintiffs - four homeown ers who sought an injunction against motorized racing - are required to post a $50,000 bond to cover costs in the event the defen dants win the lawsuit. A statement from Fair Inc. is expected to be released sometime today. The Fair filed a motion May 9 for all issues in the case to be determined by a jury trial. A rul ing has not been made on that motion. The hearing on the plaintiffs' motion for a temporary restraining order and/or preliminary injunc tion was in Reed's court May 10. Evidence and testimony were sub mitted by both sides. Reed's injunction order says the plaintiffs asked the court to enforce restrictive covenants dated July 18, 1990, between Kosciusko County Fair Association Inc., the predeces sor to Kosciusko County Community Fair Inc., and nine homeowners. Testifying for the homeowners May 10 was Chris Cummins, the son of James A. Cummins, one of the original homeowners involved in the 1990 covenants. Cummins now owns his father's property on the lake. The court found that the "restrictive covenants cleary and unambiguously mandate that the fairgrounds may not be used for motorized racing." The court found that Chris was a successor to his father in respect to the real estate James owned at the time of the covenants. The injunction explains that restrictive covenants are a form of expressed contract between a grantor and a grantee. The general purpose of a restrictive covenant is to maintain or enhance the value of land, often times by controlling the nature and use of surrounding lands. The court found the restrictive covenants meet all necessary requirements to be enforceable. The injunction states, "Cleary, the BY DAVID SLONE TIMES-UNION Staff Writer dslone@timesuniononline.com Haines Named Executive Director Of A Bridge To Hope The board of directors for A Bridge to Hope, a local non profit dedicated to offering solutions to substance abuse in Kosciusko County, has announced the appointment of Kevin Haines as executive director for the organization. Haines brings significant non profit and business leadership to the role, according to a news release issued by the group. "We are thrilled that Kevin has joined A Bridge to Hope," said Mickey Ashpole, board president. "His background of leadership and community involvement will be a tremendous asset to this organization and its fight against the impact of addiction in Kosciusko County." Haines said, "I have spent the vast major ity of my life working and living in this com munity and personally experienced the devas tating impact of my own addiction. There are many great organi zations individually trying to fight addic tion. The mission of A Bridge to Hope is to help coordinate these efforts, assist individ ual persons struggling with substance abuse disorder in finding support and increase community awareness. I'm excited to con tinue the fight in this new role." A Bridge to Hope was formed in 2017 with the goal to lead and unite community efforts that offer solutions to those affected by substance use disorder. Injunction Halts Racing At Fairgrounds See RACING- Page 2A Fate Of Silver Lake School Rests With Hearing Officer Valley Names Top Two Students Cheyene Oldfather Dakota Parker Scooter, Car Collide Kevin Haines STAFF REPORT

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