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Shipshewana authorizes litigation on water park

 

Noting that the town needs to exercise its rights to protect itself, the Shipshewana Town Council authorized town attorney Kurt Bachman to initiate litigation against the current owners of the Splash Universe Water Park.

Bachman asked for authorization Thursday, noting that the town needed to pursue litigation to “enforce the bond enhancement agreement.” It was noted that the litigation is not intended to create problems for the “potential purchaser.”

Riegsecker Marketplace is expected to complete a purchase agreement with the current owners, Focus Group, later this month. The water park portion of the property is set to cease operations next Sunday, May 19.

“The town has one opportunity to exercise its rights to protect itself,” Town Manager Mike Sutter stated. “If we don’t act now, we lose that opportunity.”

This is not the first time the town has authorized legal action against the owners of the hotel and water park. However, in previous incidents, the issues were resolved before any litigation was filed.

The county has taken the owners of the property to court to resolve unpaid real estate and personal property taxes. The county succeeded in resolving those cases and received the payments due.

In other business:

The council approved the no parking ordinance following revisions made since the previous meeting. The no parking area on Berkshire Drive will extend up to 800 ft. eastward from SR 5. It also raises the fine for no parking violations from $5 to $50. It does not include a no parking area on State Street at this time.

It was announced that the town will hold a public annexation hearing at the council’s May 23 meeting for the proposed annexation of the Miller/King addition.