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FOR PUBLICATION

ATTORNEY FOR APPELLANT: JAMES A. SMITH Carmel, Indiana

ATTORNEY FOR APPELLEE: RALPH E. DOWLING The Dowling Law Office Muncie, Indiana

FILED
Mar 22 2010, 9:34 am

IN THE COURT OF APPEALS OF INDIANA
GREGORY L. KENNEDY, Appellant-Defendant, vs. TOWN OF GASTON, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

of the supreme court, court of appeals and tax court

CLERK

No. 18A05-0906-CV-353

APPEAL FROM THE DELAWARE CIRCUIT COURT NO. 2 The Honorable Brian M. Pierce, Master Commissioner The Honorable Richard A. Dailey, Judge Cause No. 18C02-0808-MI-63

March 22, 2010 OPINION - FOR PUBLICATION RILEY, Judge

STATEMENT OF THE CASE Appellant-Defendant, Gregory L. Kennedy (Kennedy), appeals the trial court's Order on Rule to Show Cause, Motion to Dismiss, and Motion for Sanctions in favor of Appellee-Plaintiff, The Town of Gaston (the Town). We affirm. ISSUES Kennedy raises two issues on appeal, which we restate as follows: (1) Whether the trial court had subject matter jurisdiction over the dispute because the Town initiated this action before exhausting its remedies under the applicable Town's ordinances and provisions of the Unsafe Building Act; and (2) Whether the trial court abused its discretion when it found Kennedy in contempt of court for failing to demolish buildings on property Kennedy claimed he no longer owned. FACTS AND PROCEDURAL HISTORY On August 1, 2008, the Town filed a Complaint for Injunctive Relief and Request for Attorney Fees against Kennedy. In the Complaint, the Town alleged that Kennedy had ownership and control of a property located at 104 South Sycamore Street in Gaston, Indiana, which was in violation of the Town's weed ordinance, constituted a public nuisance, and was in violation of the Unsafe Building Act, enacted at Ind. Code

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Indiana Law