The Indiana Court of Appeals upheld a trial court’s dismissal of Darmstadt’s lawsuit against CWK Investments-Hillsdale, LLC (owned by Wayne Kinney). The court dismissed the suit on procedural grounds—Darmstadt failed to file its suit within the time required under state law. A copy of the decision is available here: http://publicaccess.courts.in.gov/Appellate/Document?id=2af339e4-5f4a-443b-aafa-dcbff1bff5b8
The decision upholds the trial court’s decision which found the planned apartment complex was properly zoned on the southeast side of Darmstadt. As a result of the ruling, the development company may proceed with construction of four apartment buildings containing approximately 350 apartment units (175 two-bedroom units and 175 three-bedroom units) on a 28-acre development.
Separately, CWK Investments filed suit in 2017 against Darmstadt and its Town Council members for violating the Fair Housing Act (FHA) by discriminating against minorities and multi-family residents. The lawsuit, filed in the U.S. District Court for the Southern District of Indiana, remains ongoing and charges that Darmstadt and its Town Council violated the FHA and discriminated against minorities by imposing requirements on affordable multi-family housing often used by racial minorities that they did not impose on single-family developments more frequently used by white residents. According to 2010 census data, Darmstadt is 97% white. In 2000 census data, Darmstadt was 99% white. By denying Mr. Kinney’s permit to build affordable housing, Darmstadt perpetuates segregated housing patterns and denies minorities the opportunity to seek affordable housing.
The law firm of Jackson Kelly, PLLC represents CWK Investments and Mr. Kinney in all of these matters, including the most recent litigation before the Indiana Court of Appeals which found in favor of Mr. Kinney and CWK.
