With just a single sheet of paper, the city attorney says Bernadine Thimlar could open a restaurant downtown, but instead her lawsuit against the city of Logansport is headed to federal court.
Thimlar, president of Royal Rentals LLC, filed legal action Aug. 19 against the city, accusing it of blocking her efforts to open a restaurant downtown.
Thimlar bought the former Firestone tire store at 27 S. Third St. in 2007 with plans to convert it to a restaurant. According to her lawsuit, the project has been substantially complete since December.
The only thing that stands in her way now, city attorney Kelly Leeman says, are two issues with the parking lot.
If she does not have a pre-existing parking lot, he said she has to submit a parking plan to the planning commission denoting any shrubs or fences that will protect the parking lot.
“The plan is simple. It doesn’t have to be an architect’s drawing. It can be drawn on an 8 1/2-by-11 sheet of paper,” Leeman said.
If Thimlar thinks she has a pre-existing parking lot, Leeman said she can argue that with the Board of Zoning Appeals.
Leeman said either issue could be brought to a special meeting with just a 48-hour notice to either the planning commission or Board of Zoning Appeals.
“This thing could be done in 10 days,” Leeman said.
He added the city will leave that option open for Thimlar.
Leeman said Deputy Mayor Linda Klink will be sending Thimlar a letter outlining the actions she can take to get authorization to open her restaurant.
In the meantime, Thimlar’s lawsuit against the city will head to federal court. A hearing was scheduled in Cass Superior Court II Thursday on her request that the defendants be barred from standing in the way of the restaurant’s opening .
Wednesday, however, the defendants filed a Notice of Removal to Federal District Court asking that the case be moved from Cass Superior Court II to United States District Court in South Bend. At the same time, the city also asked for a change of judge. Judge Rick Maughmer granted the Notice of Removal. He stated he would decline further action on the case until it’s remanded back to Superior Court.
Maughmer declined to rule on the change of judge request because it was received after the Notice of Removal to Federal District Court had already been granted.
Leeman said there were several constitutional issues within the lawsuit that prompted the defendants to file the Notice of Removal.
Leeman hopes the city can work with Thimlar on the matter outside of court.
“We want this restaurant to open,” Leeman said.
Anthony Ashford, Thimlar’s attorney, said he and his client want the restaurant to open as well.
“If they can get Royal Properties in their restaurant in 10 days then God bless them,” Ashford said in response to Leeman’s claim that Thimlar could be in her restaurant by then.
Ashford said the case will proceed to federal court, but hopefully some of the issues can be resolved before then.
“[Thimlar] has been following all of the rules from the beginning. It’s the city who hasn’t been following the rules,” Ashford said.
• Lindsey Ziliak is a staff writer at the Pharos-Tribune. She can be reached at 574-732-5148 or lindsey.ziliak@pharostribune.com.
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