By DANIEL HUMAN
TIPTON — Tipton resident Max Cook has lived up to his threats to take his court battle with the city of Tipton to the federal level.
City officials awaited a ruling Tuesday from the U.S. District Court’s District of Southern Indiana on whether it would hear the court case Tipton has with Cook over the demolition of his West Street house.
Along with requesting the federal court hear the case, Cook, an 84-year-old former patent attorney, seeks more than $1 million in damages from the city, according to court documents.
Cook and city representatives were scheduled to appear before Judge Thomas Lett in Tipton County Circuit Court on Tuesday. But Cook delayed the court hearing for a third time after he filed a request late Monday to move the case to the federal court.
If the federal court decides to hear the case, it would move to Indianapolis. If the court does not hear it, Lett would have to wait until the federal court formally makes a ruling before he can legally hear the case in Tipton.
The city filed a complaint against Cook in early 2009 with concerns over his house’s safety and sanitary conditions.
A fire broke out at his house in April 2008. He has yet to repair the damage, and he has lived in a recreational vehicle since the fire.
A Tipton Plan Commission report states there were problems with the building’s structure and mold growing in the basement, among other issues. Many of the concerns arose before the fire, according to the report.
The Tipton Board of Public Works & Safety voted in August to proceed with demolishing the house. Cook told the board at the meeting he would fight the demolition all the way to the federal court level if he had to. Board members told Cook they gave him more than enough time to repair his house.
In his court filing, Cook states Tipton is violating his constitutional rights. He asked the federal court to reinstate his counterclaims against the city, which claim $1.15 million in damages.
He filed counterclaims with Tipton Circuit Court totaling $230,000, but Lett dismissed them.
In his filing with the U.S. district court, Cook claimed $500,000, stating the city’s accusations about his house’s damage were “false” and his home “only needed repairs not [demolition].”
He also claimed he deserved $650,000 for the “personal injuries” the city caused him by aggravating his “heart disease, angina, stress [and] un-necessary nervousness.” He also stated in the counterclaim the city’s order to demolish his house was a ruse for it to “confiscate” his property.
Tuesday was the third delay in a court hearing for the case.
Cook’s first court hearing was supposed to be in early October, but Lett granted a continuance until later that month because Cook had a doctor’s appointment. He appeared for his Oct. 30 court date, but the case did not resolve that day.
The city and Cook were scheduled to appear in court again in November, but Cook went to the emergency room. Lett continued the trial until Tuesday, which was the third delayed court date.
Cook fought a similar battle with Kokomo in 2006 after the city approved orders to demolish houses he owned in the 500 blocks of Vaile Avenue and Union Street. City officials said Cook was taking too long to fix the dilapidated structures. He argued that the city was violating his constitutional rights and causing undue stress.
• Daniel Human is a Kokomo Tribune staff writer. He can be reached at 765-454-8570 or at daniel.human@kokomotribune.com.
