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September 1, 2011

Pastime case delayed pending New Albany appeal of preservation case

NEW ALBANY — The New Albany Historic Preservation Commission and the City of New Albany are challenging a judge’s ruling allowing Bradford Realty to keep vinyl siding on its building at 222 E. Fourth St.

Last month, Special Judge Daniel Moore ruled the commission’s denial of a Certificate of Appropriateness for Bradford Realty was invalid due to lack of proper notification procedures.

Moore ruled the city and commission didn’t inform Bradford Realty owner Ron Craig his building was in a historic preservation district prior to the placement of vinyl siding on the building in 2008.

The case will now be heard by the Indiana Court of Appeals. A second, similar case involving Pastime Grill & Pub has now been stayed, meaning no action will occur until the Indiana Court of Appeals rules on the Bradford Realty decision.

Pastime Grill owner Grant Rickard is also claiming he wasn’t properly notified by the commission that his business was located in a historic preservation district prior to window replacements and building upgrades he footed for the structure in 2008.

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