QUOTE
Ross will take case to Supreme Court
Benn Ross hopes the Indiana Supreme Court will overturn a local court decision ordering him to tear down a 55-foot tower he built onto his Colfax Avenue home. Photo by Sara Figiel
By Jason Miller, The News-Dispatch
Ben Ross said he plans to take his case all the way to the Indiana Supreme Court now that a state appellate court has upheld an order forcing him to tear down a 55-foot tower he built next to his beach-front home.
“I got a permit from the city. I built the tower, and now the neighbors don't like it so I'm going to have to tear it down?” Ross asked this week, standing near the foot of the tower, at 909 Colfax Ave., with his two dogs. “I had a dream 30 years ago to build a tower out of a grain silo and put a room on top. That dream has evolved.
“I dug through all the code books before I did this and I did everything right.”
But a senior appellate judge earlier this month ruled in favor of a previous ruling by LaPorte Superior Court 2 Judge Steven King that when Michigan City issued a building permit for the tower, it violated its own zoning ordinance.
King, who ordered the 25-foot portion of the tower that stood above the city mandated 30-foot height restriction on residential buildings be torn down, did so in response to a 65-plaintiff lawsuit filed against Ross, his wife and Michigan City.
In their appeal, Ross and his wife, Debbie - whose family has owned the Colfax Avenue lot on which the home sits for decades - claimed the court erred in not dismissing the original complaint against them, and in finding the permit violated city zoning codes.
Jack Harris, a neighbor whose hilltop home can be seen from Ross's front yard, was the lead plaintiff in the suit, which was initially filed because neighbors felt Ross's tower was too high and dangerous, and would lower the property values of their homes.
Harris claims the Rosses' addition is not a tower, but simply an additional room on the house, which violates the 30-foot height limit.
Ross said his tower was built with two of those concerns in mind.
“It's well-built,” he said. “We made sure it could withstand close to 200-mph winds.”
Bill Facciaponti, who lives next to Ross, said Friday he felt the decision of the appellate court would stand, even if Ross decides to take his appeal to the Indiana Supreme Court.
Facciaponti said he's not afraid of accusations that his home violates city building codes.
Ross claims that Facciaponti's home - and many others in the area owned by plaintiffs in the suit - violate city code, as well, since many rise above the 30-foot restriction.
“The court upheld the decision in every way,” Facciaponti said. “I'd say his claims would be baseless. But he's going to do what he's going to do.”
Michigan City Planner John Pugh this week defended the city's code.
“The process is a good one. We grant those permits in good faith,” he said. “We did the right thing in this case.”
Contact reporter Jason Miller at jmiller@thenewsdispatch.com.
Benn Ross hopes the Indiana Supreme Court will overturn a local court decision ordering him to tear down a 55-foot tower he built onto his Colfax Avenue home. Photo by Sara Figiel
By Jason Miller, The News-Dispatch
Ben Ross said he plans to take his case all the way to the Indiana Supreme Court now that a state appellate court has upheld an order forcing him to tear down a 55-foot tower he built next to his beach-front home.
“I got a permit from the city. I built the tower, and now the neighbors don't like it so I'm going to have to tear it down?” Ross asked this week, standing near the foot of the tower, at 909 Colfax Ave., with his two dogs. “I had a dream 30 years ago to build a tower out of a grain silo and put a room on top. That dream has evolved.
“I dug through all the code books before I did this and I did everything right.”
But a senior appellate judge earlier this month ruled in favor of a previous ruling by LaPorte Superior Court 2 Judge Steven King that when Michigan City issued a building permit for the tower, it violated its own zoning ordinance.
King, who ordered the 25-foot portion of the tower that stood above the city mandated 30-foot height restriction on residential buildings be torn down, did so in response to a 65-plaintiff lawsuit filed against Ross, his wife and Michigan City.
In their appeal, Ross and his wife, Debbie - whose family has owned the Colfax Avenue lot on which the home sits for decades - claimed the court erred in not dismissing the original complaint against them, and in finding the permit violated city zoning codes.
Jack Harris, a neighbor whose hilltop home can be seen from Ross's front yard, was the lead plaintiff in the suit, which was initially filed because neighbors felt Ross's tower was too high and dangerous, and would lower the property values of their homes.
Harris claims the Rosses' addition is not a tower, but simply an additional room on the house, which violates the 30-foot height limit.
Ross said his tower was built with two of those concerns in mind.
“It's well-built,” he said. “We made sure it could withstand close to 200-mph winds.”
Bill Facciaponti, who lives next to Ross, said Friday he felt the decision of the appellate court would stand, even if Ross decides to take his appeal to the Indiana Supreme Court.
Facciaponti said he's not afraid of accusations that his home violates city building codes.
Ross claims that Facciaponti's home - and many others in the area owned by plaintiffs in the suit - violate city code, as well, since many rise above the 30-foot restriction.
“The court upheld the decision in every way,” Facciaponti said. “I'd say his claims would be baseless. But he's going to do what he's going to do.”
Michigan City Planner John Pugh this week defended the city's code.
“The process is a good one. We grant those permits in good faith,” he said. “We did the right thing in this case.”
Contact reporter Jason Miller at jmiller@thenewsdispatch.com.