LOUISVILLE, Ky. (WDRB) — A lawsuit between the city of New Albany, Indiana, and former Floyd County commissioners over the Frank C. Denzinger Criminal Justice Building is heading to the Indiana Supreme Court.
Floyd County entered a 15-year lease on the building in 1992 with the New Albany Floyd County Indiana Building Authority. The agreement allowed the county lease the building, while the city subleased it.
The lease included a turnover provision that would make the county the sole owner of the center, if the county didn't purchase the center or renew the lease. Ten years after the lease expired, the county requested the Building Authority transfer the title to the county, but the Building Authority refused.
Floyd Superior Court ruled that the county is entitled to the building, but the Indiana Court of Appeals reversed that ruling, saying the turnover provision is contrary to statute and therefore invalid.
New Albany Mayor Jeff Gahan is now taking the case to the state's highest court.
"We will continue to protect public investments made by the people of New Albany and resist County officials encroachment on the citizens of New Albany," Gahan said in a news release Thursday. "As always, we are ready to help Floyd County when feasible, and welcome the chance to help Floyd County prosper. I am excited about working with their new leadership in 2020 and beyond."
Oral arguments before the Indiana Supreme Court are set for Feb. 20.
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