Dempsey v. Department of Metropolitan Development of Indianapolis

OPINION

BAKER, Judge.

A property owner paid a penalty that was imposed by the Department of Metropolitan Development of the City of Indianapolis (DMD) under the Unsafe Building Law while an appeal was pending that avoided a tax sale. The trial court determined that the case was moot and granted the DMD’s motion to dismiss the appeal. We hold that the case was not rendered moot merely because the homeowner voluntarily paid the fines and penalties to avoid the tax sale.

Appellant-petitioner Gordon B. Dempsey appeals the grant of appellee-respon-dent DMD’s motion to dismiss an appeal that Dempsey…