Time Runs Out On Mobile Home Park Owner Claim

CHICAGO (CN) - An Indianapolis man cannot pursue claims that Delaware County officials conspired to run his mobile home park out of business because of a statute of limitations, the 7th Circuit ruled.

In 2005, Thirteen of John Logan's tenants left after officials spread word that the Indiana Health Department was going to close down his mobile home park, the complaint alleged.

The County then commenced action against Logan and obtained a court order to demolish thirteen homes in the park. Logan did not appeal the order because he is bi polar and "does not do well under stress," a locally well-known fact which he claims county officials exploited.

The situation worsened when the County hired Rodney Barber, an allegedly unlicensed, uninsured, and unpermitted contractor. Barber supposedly demolished an additional home, failed to cap public utility lines, and stole property.

Barber was hired by the County Health Department Commissioner so that she could split contract fees with him, the complaint stated.

Logan lost his park in foreclosure in 2007. He filed suit in 2009, outside of the two-year statute of limitations. An Indianapolis federal judge dismissed the action.

In his amended complaint, Logan claimed that the defendants "actively concealed" their conspiracy from him. The district court and 7th Circuit disagreed.

Because Logan's complaint did not describe any acts which prevented him from discovering his injury, the statute of limitation still applies, the court ruled.

"Although Logan claims that he was not aware of the defendants' conspiracy, he was aware of every act allegedly committed pursuant to that conspiracy that injured him," wrote Judge Ann Claire Williams.

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Email *

Submit