County BZA Pursues Legal Action On Barbee Lake Property
By Liz Shepherd
InkFreeNews
WARSAW — The Kosciusko County Board of Zoning Appeals has filed a civil plenary in Kosciusko Circuit Court regarding a Barbee Lakes property in violation of the county’s flood control ordinance.
The plenary’s listed defendants are Jason and Crystal Grafton, Alexandria. The Graftons own the property at 36 EMS B51 Lane, Warsaw, on Big Barbee Lake. In the suit, the county BZA is being represented by Adam D. Turner.
According to court documents, on or about April 24, 2020, the Graftons had placed within the property’s flood plain a residential addition without obtaining certain permits, including a flood development permit and without bringing the structure into compliance with all requirements of the county’s flood control ordinance.
The suit states that “after repeated requests from agents of the Kosciusko County Area Plan Commission and the Kosciusko County Board of Zoning Appeals, and after threat of legal action, the defendants have not taken any steps to remedy the violation.”
The county BZA is requesting judgment ordering the Graftons to immediately cease and desist violations of the Kosciusko County Flood Control Ordinance, as well as coverage for court costs, “and for all further and proper relief which the premises may require.”
The BZA, through Area Planning Director Matthew Sandy, is also requesting the court assess penalties for each and every day the violations have occurred, at the maximum rate of $300 per day. “Any person who violates this ordinance may be penalized not less than $10 per day nor more than $300 per day for each day the violations continue,” reads the suit.