Dollar Tree Store in Millersville:
A recap of key developments related to this case:
First we won ... March 2018: A petition to allow Dollar Tree to lease the former Walgreens property was defeated, 6-1, at a public hearing of the Indianapolis Metropolitan Development Commission (MDC).
Then we lost ... October 2018: After the property owner, Mr. Novogroder, appealed the MDC's ruling, a review in Marion Superior Court resulted in a judge vacating the March ruling.
But the fight continued ... November 2018: The MDC filed an appeal of the October ruling with the Indiana Court of Appeals.
Work started on a new Dollar Tree ... December 2018: In spite of the pending appeal to block it, the property owner proceeds to move Dollar Tree in.
We reached out to the City again ... December 2018 and ongoing: We contacted multiple City departments - Business & Neighborhood Services (BNS), City Planning, Legal - to try to halt construction but were told that no injunction was possible; the City did grant permits for improvements to the building and Dollar Tree store signs.
The store opened and we reported it ... February 2019: We reported to BNS the store was doing business even though a ruling on the MDC appeal was still pending. We were told all hands were tied pending the legal outcome of the appeal. We also provided input to the City's attorney in charge of the case. (City-County Councillor Christine Scales helped us on multiple fronts.)
We updated Millersville and continued to monitor the case ... Read the community update from our president.
The Indiana Court of Appeals affirmed the owner's use of the property as a Dollar Tree... October 4, 2019 ... An opinion penned by Judge Brown and affirmed by Judges May and Mathias affirmed the judgment of the trial court who overturned the MDC's favorable ruling for us, and also affirmed use of the building with Dollar Tree as its tenant.
December, 2019 ... 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.