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Commission to seek executive session on Capshaw fence; legal counsel advises litigation strategy
Summary
Staff told the Evansville Historic Preservation Commission that the Charles Capshaw property (724 Southeast Second) remains without an updated certificate of appropriateness and that the matter is already in litigation; legal counsel recommended discussing strategy in executive session and the commission voted to hold one.
At a regularly scheduled meeting the Evansville City Historic Preservation Commission took up case 24 HPOCA‑03 concerning Charles Capshaw (724 Southeast Second Street), where staff reported no new certificate‑of‑appropriateness application and no change to the fence at issue.
Counsel advised commissioners that the property is already subject to litigation and that, if the commission wants a court to order the fence removed when voluntary compliance fails, litigation is the available path. Counsel cited the grounds for an executive session under Indiana Code (discussion of strategy with respect to initiation or pending litigation) and recommended the commission meet in executive session to discuss strategy. Commissioner (speaker 8) moved for an executive session and Pam Guthrie seconded; the chair clarified notice requirements and suggested holding the session in Mr. Stahl's office. The motion passed by voice vote; the transcript does not include a recorded roll‑call tally.
The commission instructed staff to provide the required 48‑hour posted notice and to coordinate specific scheduling and location for the executive session. No court action was initiated during the meeting itself; the transcript records only the vote to convene an executive session to discuss litigation strategy.
