Insurance company sues to block Richmond Hill demolition order

INDIANAPOLIS (WISH) - Another legal fight is brewing over the future of a home that was badly damaged during the south side explosion. The homeowner’s insurance company has asked a judge to reverse the city order to tear it down.

The home belongs to Tony Quakenbush, and it sits behind the epicenter of the explosion on Fieldfare Way.

During a hearing last month, Quakenbush’s insurance company—Hanover Insurance— appealed the Department of Code Enforcement’s order to tear the home down. An Administrative Law Judge denied that appeal, ruling that the demolition should proceed.

At the time, Quakenbush said the ruling brought mixed emotions.

"I don't think I could ever go back into that house and feel 100 percent comfortable and 100 percent safe, not worrying about what's going to happen in the next 5-10 years. ” he told the judge. “We knew what had to be done. But, again--10 years of family, 10 years of love, 10 years of improvements, everything we've done and put into our home. Now we know it’s all gone.”

But, in a complaint filed this week in Marion County Civil Court, Hanover is suing the city, and asking a judge to intervene.

Code Enforcement says the filing does not change the city’s belief that the structure is not safe to live in.

“Our position is that the home needs to come down, and sooner rather than later,” Code Enforcement Director Adam Collins told 24-Hour News 8.

No court date has yet been set for the matter, Collins said.

“We’re not surprised at the filing,” added Code Enforcement Communications Director Al Ensley. “We have been in contact with the insurance company throughout this process.”

Because of that, Collins said Code Enforcement has not pushed for demolition on the project. If they had, it’s likely the insurance company would have asked for an injunction, he added. Still, Collins called the filing a “unique situation” that Code Enforcement hasn’t seen before.

“We deal with appeals on vacant homes and things like that all the time,” he said. “But, it’s never been to this step that I’ve seen before.”

Because of that, and concerns that the structure itself is unstable, Collins said he hopes the case moves quickly.

“Weather is a concern for us, and we are continuing to monitor the situation,” he said. “So, we’ll ask the judge for a quick decision. I think both sides want this taken care of as quickly as possible.”