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FOR PUBLICATION
ATTORNEYS FOR APPELLANT: New Albany Historic Preservation Commission RACHELE L. CUMMINS A. DAVID HUTSON Smith Carpenter Thompson Fondrisi Cummins & Lewis, LLC Jeffersonville, Indiana City of New Albany SHANE L. GIBSON New Albany City Attorney New Albany, Indiana ATTORNEYS FOR APPELLEE: JOHN A. KRAFT JENNIFER KRAFT KUCHLE Young Lind Endres & Kraft New Albany, Indiana

FILED
Mar 22 2012, 9:18 am
of the supreme court, court of appeals and tax court

CLERK

IN THE COURT OF APPEALS OF INDIANA
NEW ALBANY HISTORIC PRESERVATION COMMISSION and CITY OF NEW ALBANY, Appellants-Defendants, vs. BRADFORD REALTY, INC., Appellee-Plaintiff. ) ) ) ) ) ) ) ) ) )

No. 22A01-1108-PL-365

APPEAL FROM THE FLOYD CIRCUIT COURT The Honorable Daniel E. Moore, Special Judge Cause No. 22C01-0806-PL-409

March 22, 2012 OPINION - FOR PUBLICATION RILEY, Judge

STATEMENT OF THE CASE Appellants-Defendants, the New Albany Historic Preservation Commission and the City of New Albany (collectively, the NAHPC), appeal the trial courts summary judgment in favor of Appellee-Plaintiff, Bradford Realty, Inc. (Bradford), concluding that Bradford had not received due process when the NAHPC designated its property to be located in a historic district. We reverse in part and affirm in part. ISSUES The NAHPC presents four issues on appeal, which we consolidate and restate as the following two issues: (1) Whether the trial court erred by declaring the City of New Albanys ordinance designating Bradfords property located within the historic district as an adjudicative act instead of a legislative act and therefore requiring actual notice of the potential designation pursuant to the United States Constitutions due process provision; and (2) Whether the trial court erred when it concluded that Bradford was not required to obtain a Certificate of Appropriateness when it replaced the propertys original siding with vinyl siding. On Cross-Appeal, Bradford presents us with one issue, which we restate as: Whether the trial court erred when it concluded that Bradford did not have a claim for inverse condemnation.

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FACTS AND PROCEDURAL HISTORY The City of New Albany (the City) is located on the Ohio River in southern Indiana. The Citys downtown area is characterized by a collection of Federal and Greek Revival style commercial structures, built between 1814 and 1950, interspersed by residential and religious buildings. In 1999, the downtown district was included in the National Register of Historic Places. That same year, in 1999, the City adopted a historic preservation ordinance pursuant to Ind. Code

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