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Dispute over Ensenberger ownership could go to trial in Feb.
By M.K. Guetersloh
mkguetersloh@pantagraph.com
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BLOOMINGTON -- The ownership dispute over the Ensenberger project could go to trial in February. Building owner Merle Huff of Peoria is suing developer Ward Waller of Bloomington, who in turn filed a counter-lawsuit.

The dispute over who has rights to the building, 212 N. Center St., has left the $9 million condominium project in limbo.

At a hearing Tuesday in McLean County Circuit Court, the two sides reserved a bench trial date of Feb. 2 with Circuit Judge Scott Drazewski. A status hearing has been set for Dec. 1.

Huff’s attorney Mark Walton first discussed reserving court time for a jury trial but Drazewski informed him the most likely time for a jury trial would be in July 2009. Walton said the earlier bench trial date would be more acceptable.

Huff purchased the building in 1999 at a court-ordered auction. The former furniture store closed in 1996 and sat empty for several years.

Waller proposed turning the building into 28 condominiums. The construction project moved forward in 2005 after the Bloomington City Council agreed to provide $2.2 million in redevelopment money.

Three condos have been sold and residents began occupying the building in 2007. The three condo owners own 10 percent of the building and have joined the lawsuit as interested parties.

While the lawsuits are pending, no new sales can be made.

Peoria-based credit union CEFCU has filed for foreclosure on the $6 million loan it issued as part of the Ensenberger building financing. Waller took out the loan and Huff co-signed it.

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Reader comments on this story - 9 total

Note: All views and opinions expressed in reader comments are solely those of the individual submitting the comment, and not those of the Pantagraph or its staff.

jennifer wrote on Sep 26, 2008 1:22 PM:

" Shannon - that is really funny!!!! "

shannon wrote on Sep 26, 2008 9:44 AM:

" I personally have delt with CEFCU in business operations before and they are hands down the best in the area. I am very glad to be a CEFCU member and they will continue to write and loan my business accounts! "

jennifer wrote on Sep 24, 2008 1:14 PM:

" If CEFCU is involved, stay away from the project as they lack expertise in financing commercial real estate deals. This project is a real cluster with no end in site. There is not a need fo downtown housing in Bloomington. Normal will be faced with the same issues and the uptown Normal condos will be occupied as student housing projects ..............I would place a major bet on that!!! "

OGS wrote on Sep 24, 2008 5:03 AM:

" The City just doesn't have a great track record on downtown real estate development, do they? "

408washington wrote on Sep 23, 2008 10:03 PM:

" The TIF Money had to be repaid if the building was not completed on 1-1-2007. It is almost two years later and the loan was never paid and the building is is not done. The Bloomington City councle gave a lean release for the loan the same time that they said there was a budget short fall and had to rase taxes. If they collected the loan then there would have been no need to rase taxes. All of the documents are recorded at the county recorder that states this. "

earthling wrote on Sep 23, 2008 9:18 PM:

" Perhaps a JUMBO karaoke bar on the first floor would help. Free drinks for the ladies on Wednesdays. "

BigBrother wrote on Sep 23, 2008 4:05 PM:

" Why hasn't the City of Bloomington filed for repayment of the 2.2 million dollars of taxpayer investment? Where is the money? Somehow 8.2 million dollars is missing. The completion of 3 condominiums out of 28 is no where near completion of the project. I have a feeling the TIF money is going to be lost and the project never completed. The city needs to file a lean on this property for the TIF money unless the job is completed as agreed in a timely manner. "

DT Resident wrote on Sep 23, 2008 2:43 PM:

" "No new sales while the lawsuits are pending..." It isn't like this building was making any sales to begin with. Waller and Huff put the "best of the best" stuff into these condos...they are beautiful I'll give them that...but don't allow for people to build equity by upgrading features. Nothing to upgrade if the best is already in there! So what are people supposed to do? Wait for property values to go up? Not likely. "

Lighthouse wrote on Sep 23, 2008 2:05 PM:

" Looks like to me that the City owns 2mil worth of it. It must have really been backed by Freddie or Fannie. Glad I'm not a member of CEFCU. "
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