Wainscott v. Town of Knightstown

Over 3 decades of experience providing dedicated and results-oriented legal counsel to Indiana.

I represented Mr. Dudley Wainscott in litigation against the Town of Knightstown. Dudley purchased the Masonic Lodge building in downtown Knightstown. It was the signature building of the town and deserving of historic preservation. Dudley began renovating the building. Next door sharing a wall with the Masonic Lodge was the site of the old Bullet Hole bar, which had been condemned and taken over by the town. The town decided to tear down the Bullet Hole, and did, leaving gaping holes in the shared structural brick wall where the support beams had been. Dudley complained to the town, delivered a letter requesting relief to the town manager, and attended the town council meeting to complain. The town manager stated that the town would fix the wall, hired an engineering firm to plan the repairs, but then abandoned the project, leaving Dudley with a mold ridden building. Dudley came to me almost two years after the destruction. We filed suit. The town claimed Dudley’s claim was barred because he had not given written notice of his claim within 180 days, as required by the Tort Claims Act, which governs tort claims made against government entities. At mediation, the Town offered $5000 or something like that. The Henry Circuit Court threw out some of the claims and kept others and its tort claim ruling was reversed on appeal. The decision is attached. After appeal, the case settled with great negotiation by associate attorney Colin Connor.