Evansville hearing officer affirms vacate and raise orders for fire-damaged Morton Avenue and East Franklin warehouses
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Summary
On Sept. 26, a hearing officer affirmed vacate and raise orders for multiple fire‑damaged warehouse parcels on Morton Avenue/East Franklin Street after inspectors described loose brick, exposed subsurface hazards and debris; attorneys representing mortgage interests asked that enforcement be limited to title owners.
A hearing officer affirmed vacate and raise orders Sept. 26 for several fire‑damaged commercial parcels known as the Morton Avenue warehouse and the East Franklin Street site, saying the evidence presented by the building commission met the statutory standard for enforcement.
"Based on the evidence presented today in the testimony from the building commission, the court find that all statutory basis is a present, and we will affirm the raise order and the vacay order," Hearing Officer Ryan Schultz said during the proceeding.
Coordinator Dolphin and municipal inspectors described the parcels as vacant, unsecured and strewn with debris from the building collapse. Inspector testimony cited loose brick at risk of falling, exposed underground voids and evidence of people cutting and scrapping metal on site. Exhibit packages for each parcel included lists of violations, photo sets and fire reports that were admitted into evidence without objection.
Attorneys and interested parties told the hearing they wanted to preserve redevelopment options. Attorney Mister Rosette, who said his client Warehouse Services No. 5 LLC holds only a mortgage interest, asked the court that any raise order not be entered against the mortgage holder. "When this order is entered, I don't want it entered against my client," Rosette said, arguing his client lacks an equitable interest that would subject it to liens arising from enforcement work.
David Davis, who said he is a family member with a potential shareholder claim tied to inheritance, described the property's family history and disputed ownership clarity: "I was married into the family... she willed me the shares," Davis said, adding that title and sale negotiations have complicated private remediation efforts.
The hearing officer limited the affirmations to the recorded title owner(s) where appropriate and directed the department to take bids for cleanup and demolition work where necessary. The record shows the commission admitted photo evidence and title searches for multiple parcels tied to the Morton Avenue/East Franklin complex; the court also noted prior inspections and earlier continuances in the file.
Why it matters: the parcels are fire‑damaged, blighted sites in the city and present immediate safety hazards that inspectors said could pose risks to passersby and responders; enforcement clears the way for either private redevelopment or city‑managed remediation if owners fail to act. The decision preserves the city's ability to place liens and pursue cleanup against title owners while acknowledging that mortgage holders who lack equitable ownership may not share the same obligations.
What happens next: the commission will proceed with the bidding process for remediation work; the orders will be directed at the recorded title owners, and parties may appeal the hearing officer's decision to Vanderburgh County Superior Court within 10 days, as the hearing officer noted.
The hearing record for these decisions begins at the Morton Avenue/East Franklin case presentation and includes exhibits admitted around the case numbers CE 24CE140 and related CE filings for adjacent parcels.
