Harting v. City of Black Jack

SIMON, Judge.

David Harting and his father, Irvin Hart-ing, appellants, appeal from the granting of a motion for summary judgment in favor of the City of Black Jack (City), respondent. Appellants brought an action against the City to recover the value of property demolished pursuant to the City’s finding that the property was a “dangerous building” in violation of Ordinance 130.

On appeal, appellants contend that the trial court erred in: (1) finding that the City had not waived its affirmative defenses of failure to exhaust administrative remedies and failure to bring the cause within the…