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1
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CONSENT ORDER
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EXTRACTED KEY WORDS
TIMBERCREEK PLAN COMMISSION CONSENT ORDER LCEDC INDIANA UNITED STATES HOUSING HOMES COURT PERMIT SUBDIVISION LAKE STATION DEFENDANTS PLAT APPROVALS UNITED STATES DISTRICT FAIR HOUSING SEWER PROJECT FIRST PHASE CONSTRUCTION SUBDIVISION ORDINANCE NIOHC SUBSEQUENT PHASE PUBLIC HEARING ADVISORY PLAN FAIR HOUSING ACT AUTHORIZATION APPLICABLE LAW RESOLUTION |
UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
CITY OF LAKE STATION,
INDIANA and THE ADVISORY PLAN
COMMISSION OF THE CITY OF
LAKE STATION, INDIANA,
Defendants.
**********************************************
CIVIL ACTION NO. 2:98-CV-478 RL
THE NORTHWEST INDIANA OPEN
HOUSING CENTER
Intervenor-Plaintiff,
v.
CITY OF LAKE STATION,
INDIANA and THE ADVISORY PLAN
COMMISSION OF THE CITY OF
LAKE STATION, INDIANA, Defendants.
_______________________________________________
CONSENT ORDER
The United States, the Northwest Indiana Open Housing Center
("NIOHC"), the City of Lake Station, Indiana ("City") and the Advisory
Plan Commission of the City of Lake Station, Indiana ("Plan
Commission") jointly enter into this Consent Order in order to resolve
the above-captioned lawsuit.
The lawsuit alleges that the City and the Plan Commission
(collectively "defendants") violated the Fair Housing Act, 42 U.S.C.
§3601 et seq., by refusing to permit the Lake County Economic
Development Corporation ("LCEDC") to develop Timbercreek Estates
("Timbercreek"), a planned subdivision of affordable, owner-occupied,
single-family homes. The LCEDC proposed building Timbercreek on an
approximately 107-acre City lot. The United States and NIOHC contend
that the Plan Commission's refusal to permit the development of
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2
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Government Exhibit # 1ST AMENDED COMPLAINT
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EXTRACTED KEY WORDS
TIMBERCREEK DEFENDANTS CITY HOUSING SUBDIVISION UNITED STATES LCEDC INDIANA APPROVING DISCRIMINATORY COURT AFRICAN AMERICANS LAKE ATTORNEY FAIR HOUSING ACT PURSUANT MEMBERS HOMES PUBLIC HEARINGS NORTHERN DISTRICT LAKE STATION PURCHASERS FUNDS VIOLATION PRELIMINARY PLAT TOKAR RACE CIVIL LAKE COUNTY |
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
CITY OF LAKE STATION,
INDIANA and THE ADVISORY PLAN
COMMISSION OF THE CITY OF
LAKE STATION, INDIANA
Defendants.
______________________________
FIRST AMENDED COMPLAINT
1. This action is brought by the United States of America to enforce
the provisions of the Fair Housing Act, as amended, 42 U.S.C.
3601 et seq. It is brought pursuant to Section 814(b)(1)(A) of the
Act, 42 U.S.C. § 3614(b)(1)(A).
2. This Court has jurisdiction over this action under 28 U.S.C.
1345 and 42 U.S.C. § 3614(b).
3. Defendant City of Lake Station ("City") is a municipality of the
State of Indiana, located within the Northern District of Indiana.
4. Defendant Advisory Plan Commission of the City of Lake Station,
Indiana ("Plan Commission") was established by the City pursuant
to § 36-7-4-201 et seq. of the Indiana Code and is located within
the Northern District of Indiana.
5. The City and the Plan Commission exercise zoning and planning
powers over land within the City's boundaries. Under Title XXI of
the City's Zoning Ordinance, which was enacted by the City
Council, the Plan Commission has been given the authority to
render decisions regarding subdivision plats. The City acts by and
through the Commission with respect to applications for subdivsion
plat approval. All members of the Plan Commission are either City
officials or their designees.
6. According to the 1990 Census, the City has a population of 13,899
people, only 31 or 0.2% of whom are African American.
7. The Lake County Economic Development Corporation ("LCEDC") is a
nonprofit corporation formed by Lake County, Indiana in 1986, to
pursue development projects and educational and charitable
activities designed to alleviate unemployment, blight and
deterioration in Lake County, Indiana.
8. In 1994, LCEDC purchased approximately 107 acres of property in
the City. The main entrance to the tract is along Old Hobart Road,
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