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Court Imposes Fines, Orders Cobbum Property Sold

Written on November 20, 2015 by Staff Reporter

Categories: Entertainment Archive 2015, News Archive 2015

Tags: , ,

Two years of skirmishes with the county will cost Owen Cobbum $110,700 and his property south of North Webster.

Kosciusko County Superior Court 1 issued a ruling Tuesday, Nov. 10, imposing the sum and ordering the sheriff to sell the parcel on SR 13 just south of CR 500N.

The time line for the case is as follows:

• May 6, 2013: Cobbum is issued an improvement location permit for a 70 feet by 96 feet pole barn for personal use. The permit states “no business, no outside storage.” Cobbum starts construction, but stores various items on the property. He claims the items are used for building the pole barn.

• November 2013: After several unsuccessful attempts to resolve the storage issue with Cobbum, the county files suit in superior court, alleging continuous violation of the location permit.

• Sept. 22, 2014: The court enters summary judgment in favor of the county and permanently enjoins Cobbum from violating the county’s zoning ordinance prohibiting outside storage. The court also enters judgment for the county for $3,650 in penalties, and orders the penalties to accrue at $10 per day through Oct. 31, 2014, and $300 per day thereafter as long as the violations continue.

• June 15, 2015: The location permit expires and the county seeks an injunction against further construction. Subsequently Cobbum finishes the pole barn and removes all items stored outside, thus rendering moot the injunction request. A half-day hearing on the county’s request to reduce the ongoing penalties to judgment is scheduled for Nov. 5.

• Sept. 7, 2015: The county serves Cobbum with requests for admissions. The county requests Cobbum admit he and KPB & B Trust Inc. own the property; he and his wife, Sandra, are beneficiaries and trustees of the trust; the judgment and permanent injunction were entered; and he and the trust continued to violate the zoning ordinance until at least June 30, 2015.

• Oct. 16, 2015: The county files a motion to deem the requests admitted pursuant to Indiana trial rules, because more than 30 days had elapsed and the defendants had not provided answers.

• Oct. 23, 2015: The court holds a hearing on the county’s motion. By agreement all discovery matters are reserved for the Nov. 5 hearing.

• Nov. 5, 2015: The court holds an evidentiary hearing on the county’s motion to reduce penalties to judgment. The county appears by counsel, and Cobbum appears in person and by counsel.

• Nov. 10, 2015: The court issues its order determining the penalties to total $110,700, reducing the penalties to judgment, imposing a judgment lien on the property and ordering the Kosciusko County Sheriff to sell the property and apply the proceeds toward the judgment.

According to county records, the parcel measures 9.38 acres. Cobbum paid $30,000 for the property in 2013.

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