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O4 Sou TH <br /> 4 O <br /> F 2 <br /> w rencs j <br /> ]865 <br /> Office of the Mayor <br /> MEDIA RELEASE <br /> Friday, September 09, 2011 <br /> 3:30 PM <br /> Contact: Mikki Dobski, Director of Communications&Special Projects, 574-235-5855 or 876-1564 <br /> Chuck Leone, City Attorney, 574-235-9241 <br /> CITY ANNOUNCES PLAN FOR FAMILY DOLLAR STORE PROPERTY <br /> South Bend, IN: City Officials today announced a plan of action to deal with the Family <br /> Dollar store property at 717 E. LaSalle Ave. in South Bend which has been the subject of <br /> litigation between the City of South Bend and certain City residents represented by the American <br /> Civil Liberties Union and Americans United for the Separation of Church and State. <br /> On Wednesday, September 7,Judge Robert L. Miller,Jr. issued an injunction against <br /> transfer of the Family Dollar store property from the City of South Bend to Northeast <br /> Neighborhood Revitalization Organization (NNRO) for eventual transfer to Saint Joseph's High <br /> School. That ruling was based on the court's finding that the proposed transfer, as then <br /> structured, would violate the Establishment Clause of the First Amendment to the United States <br /> Constitution. <br /> City officials today stated that they would proceed forward with a plan, pursuant to <br /> sections of the Indiana Code and consistent with Judge Miller's ruling, to transfer the property to <br /> St. Joseph's High School for the average of two professional appraisals so that the Saint Joseph's <br /> High School construction project could continue. <br /> City Attorney Chuck Leone explained that the Indiana Code makes provision for sale or <br /> transfer of real estate by allowing a city government to obtain two appraisals of a piece of <br /> property and to negotiate and sell a parcel for the average of the two appraisals. The purpose of <br /> the transaction must be to either promote an economic development project or to facilitate <br /> compatible land use planning. Because the transaction is for the full value of the property, as <br />