Eyesore owner found in contempt of court

By SETH SLABAUGH • seths@muncie.gannett.com • December 8, 2008

MUNCIE -- Art Hicks Jr., a retired Teamster business agent who owns two of the city's biggest eyesores, is facing another hearing on contempt of court.

Circuit Court 1 Judge Marianne Vorhees has ordered Hicks to appear before her on Dec. 16 for a review hearing concerning the former Car Doctors auto salvage yard.

Vorhees found Hicks in contempt of court after a hearing in July for failing to comply with a judgment to clean up Car Doctors, 1004 S. Burlington Drive, and pay a civil penalty.
Use our Blight Watch database to search for blight homes in Muncie

After finding Hicks in contempt, she again ordered him to prohibit open dumping at the site, to remove and dispose of the solid waste at the site, to document the proper disposal of the waste and to pay a $1,500 civil penalty to the Indiana Department of Environmental Management.

Hicks also was ordered to pay $960 in attorney fees to Justin Barrett, the deputy attorney general who had asked the judge to find Hicks in contempt.

There are still issues in the litigation that remain unresolved, said attorney Bruce Munson, who represents Hicks.

"I'm not sure what Mr. Hicks has done, if anything," Munson said.

There is a large amount of debris present across the property, including tires, auto parts, construction/demolition debris, a couple of trailers and general refuse, according to IDEM. Some of the soil is stained, and there are soil and fill piles.

Potential contaminants at the site include lead from automotive batteries and paint, antifreeze, asbestos, gas and diesel fuel, oil, brake, mercury switches and brake, hydraulic and transmission fluids.

Last month, Circuit Court 5 Judge Chris Teagle warned Hicks to finish the demolition and removal of the former American Lawnmower factory, 705 E. 18th St., by the end of the year.

But the judge declined to find Hicks in contempt of court and fine him $15,000 as requested by city officials.

Contact reporter Seth Slabaugh at 213-5834.


NEWS SOURCE