Small business owner says building-commissioner letter led to lawsuit; board declines comment while legal reviews case

A downtown small-business owner told the Muncie Board of Public Works and Safety on May 7 that she received a January 17 letter from the building department citing Indiana code and that the city has since sued her; she asked the board to review the letter and the process.

"This letter is written from Adam Leach ... and it cites an Indiana code," said Joanna Artizon, who identified herself as the owner of a First Street business. Artizon said she received the letter from the building commissioner's office on Jan. 21 and that she had phone records and email correspondence with city staff and the human-rights department about the matter. "I have phone calls, recorded phone calls ... I was trying to work whatever I need to do, I will ... I love the city. I wanna keep my business there. The fact that I'm being sued and I have documentation of phone calls, emails ..." she said.

A member of the board responded that because the matter has been turned over to the city's legal department, the board could not discuss it. "Since this is, now turned over to legal, we are not permitted to even discuss this at all," the board member said. The board member added that they would follow up administratively but could not comment publicly while legal proceedings are pending.

Artizon told the board she had brought the initial letter to the human-rights department and that the building commissioner named in correspondence is Richard Rollings. She said the letter cited what she called a municipal right-of-way code and that she believed the letter had not been included in the lawsuit documents she received. She requested that the board review the original letter and the process used by the building department.

The board took no formal action during public comment; it told Artizon staff would follow up but that the board must defer to the city's legal counsel while the matter remains active in the legal process.