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NEMETH, MASTERS & LEONE <br />ATTORNEYS AT LAw <br />SurrE 307 <br />Nomm BANK BUILDING <br />CHARLES S. LEONE 112 WEST JEFFERSON BOULEVARD <br />JAMES A. MASTERS Soum BEND, INDIANA 46601 <br />JOHN D.STODDARD TELEPHONE(219)234 -0121 <br />FACSIMILE (219) 234 -8054 <br />September 30, 1993 <br />Ms. Paula A. Auburn, President <br />Redevelopment Commission <br />1200 County -City Building <br />227 West Jefferson Blvd. <br />South Bend, IN 46601 <br />Hand Delivered <br />PETER F. NEMETH <br />DEVmm D.GoHEEN <br />JOSEPH S. DONNELLY <br />OF COUNSEL <br />La 1993 <br />RE: Resolution No. 1193 <br />Sample Ewing Development Plan <br />Dear Ms. Auburn and Members of the Redevelopment Commission: <br />This letter is addressed to you on behalf of my clients, <br />Frank T. and Justine H. Polack, owners of real estate located at <br />1010 South Michigan Street, South Bend, Indiana (Tax Key Nos. <br />18- 7001 -0025; 18- 7001 - 0094). Mr. and Mrs. Polack hereby <br />remonstrate against the proposed Sample Ewing Development Plan <br />and the proposed amendment to the Plan. <br />The basis for this remonstrance is that Mr. and Mrs. <br />Polack's property sought to be acquired by the Redevelopment <br />Commission is not within an area which is blighted to an extent <br />that can not be corrected by regulatory processes or by the <br />ordinary operations of private enterprise within the meaning and <br />intent of I.C. 36- 7- 14 -15, and that the property to be acquired <br />is not needed for a project of public utility and benefit. The <br />property owned by Mr. and Mrs. Polack is their home and office <br />and is in active use. Other properties located adjacent to Mr. <br />and Mrs. Polack, to the South and especially along the East side <br />of South Michigan Street, are commercial properties also in <br />active use. There is no legal or factual basis to find the <br />Polack property to be blighted or that the property is needed for <br />a public purpose. <br />Mr. and Mrs. Polack request that you not include their <br />property in the Sample Ewing Development Area Plan. Thank you <br />for your kind attention to this matter. <br />Very truly yours, <br />Jes A. <br />JAM: lad \F: Masters \Polack. Ltr <br />cc: Ann E. Kolata, Director <br />Frank T. Justine H. Polack <br />Masters <br />