AUG. 27, 1998 - Laserfiche WebLink

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""',;r....","< BARTON & BARTON ATfORNEYSATLAW P.O. BOX 263 i , SEP 2 2 1.998 171 NORTH MADISON AVENUE ~, GREENWOOD, INDIANA 46142 TELE: 881·9979 KENNETH E. BARTON 1924 - 1996 KEVIN M. BARTON Subsequently, the Estate of Ronald Fritch, Sr. became aware of the request for approval of a Minor Plat submitted by Ross O. Holloway of Holloway Associates, P.c., which will come up for hearing on date of September 24, 1998. Inasmuch as any request for rezoning requires the consent of the property owners, the office of Holloway Associates, P.c. was contacted on dates of Friday, September 18th and Tuesday, September 22nd to an effort to determine under what authority the consent had been provided. Messages were left and to date no communication has been received. --- It is the position of the Estate of Ronald Fritch, Sr. that the Purchase Agreement between Ronald Fritch, Sr. and Charles L. Roberts has expired due to the inability of Mr. Roberts to satisfy the contingencies under the Purchase Agreement within the time period set forth therein. To date, the Estate of Ronald Fritch, Sr. has not been contacted by anyone in an effort to renew, extend or renegotiate the Purchase Agreement. The Estate of Ronald Fritch, Sr. has not authorized Ross O. Holloway, Holloway Associates, P.C. or any other party to seek rezoning of the property in question apart from the authority originally granted under the Purchase Agreement, which it is the Estate's understanding has expired. Accordingly, we make clear that the Estate of Ronald Fritch, Sr., as the owner of the property, has not consented to rezoning the property that has been submitted. I make clear that the Estate of Ronald Fritch, Sr. remains willing to honor any committments that are legally binding upon the Estate of Ronald Fritch, Sr. under the provisions of Indiana Code 29-1-13-13 that were made by Ronald Fritch, Sr. made during his lifetime. However, until such time as the Estate is made aware of such a binding agreement or an Agreement is entered into with the Estate, we make clear that the requested rezoning is done without the authorization of the Estate of Ronald Fritch, Sr. 'r1yyo=, Þ~;6þ' Ú1,æ~c.-.. ' ¿' , /1c;/(.~ Emerson Fritch, Executor, Estate of Ronald Fritch, Sr. c ~/Yí'- ~in M. Barton Attorney for the Estate of Ronald Fritch, Sr. cc: Shari lee Gray, Carpenter Better Homes & Gardens Realtors Charles L. Roberts Ross O. Holloway, Holloway Associates, P.C.