INDIANAPOLIS (Legal Newsline) – The Indiana Court of Appeals has refused to reinstate a lawsuit challenging the City of Hammond’s annual fee on rental property.
Property owner Randy Chariton challenged the fee in 2014, filing a class action lawsuit after the city charged him $80 for each rental unit he owned for 2012 and 2013 plus a $500 late fee for each unit.
A trial court dismissed the case in 2019, ruling that Chariton failed to file notice required by the Indiana Tort Claims Act, which governs claims against political subdivisions and their employees. The judge did not rule on the other issues raised in the lawsuit.
The appeals court agreed with the trial judge's decision to dismiss the lawsuit, Charitan v. City of Hammond.
“Chariton’s claim is barred due to his failure to file the ITCA notice within the statutory time period,” the court ruled March 25.
The purpose of the Indiana Torts Claims Act is to give governments the chance to investigate complaints before suits are filed, the court said.
Charitan concedes he never submitted an official ITCA notice, but he argues that his attorney’s written submissions and statements to the City Board of Public Works and Safety in 2013 “substantially comply with the notice requirement[s].”
Charitan also argues that he was not required to give the city an ITCA notice because his complaint did not involve an “injury to or death of a person or damage to property.”
The appeals court, citing previous cases, ruled that Charitan is subject to the ITCA notice requirements. It also rejected the argument that Charitan's attorney gave adequate notice to the city.
“We find nothing in these documents that would put the City on notice that Chariton was going to file a lawsuit against it alleging that the Ordinance violated state statute and requesting damages and an injunction,” the court said.
Indiana Court of Appeals case number 19A-CT-1266