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NewsFriday, October 3, 2008 11:32 PM CDT
Judge rejects bid to link Ensenberger foreclosure with civil suit
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BLOOMINGTON -- A McLean County judge has refused efforts to tie the foreclosure on the Ensenberger building to the civil lawsuit between the building owner and the condominium developer.

CEFCU, the Peoria-based credit union, is foreclosing on the nearly $5.8 million loan it issued to developer Ward Waller and co-signed by owner Merle Huff.

Waller, of Bloomington, and Huff, of Peoria, are in a separate legal fight over who has rights to the building, 212 N. Center St.

This week, Circuit Judge Scott Drazewski denied a motion filed by Waller to consolidate the two cases and also dismissed the cross claims between Huff and Waller in the foreclosure case. In his order, Drazewski said Huff and Waller are addressing those matters in their separate lawsuit.

The dispute has left the $9 million condominium project in limbo.

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 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. No sales are being made at the building while the lawsuit is pending.

The lawsuit between Huff and Waller is scheduled to go to trial in February.

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Reader comments on this story - 7 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.

BigBrother wrote on Oct 4, 2008 11:29 AM:

" Yes albundy54 the city has not acted to protect the tax dollars they invested in the renovation of downtwn buildings. At the same time the school system and other tax recipient funds have gone short. The way it stands the city will not break even on the downtown TIF for over 160 years. I expect most of those buildings will be torn down by then. Its time for new leaders once again. The rubber stamp 5 are just clones of the Markoslick Monkeys. Its the same old monkey see monkey do politics masterminded by the inept irresponsiblitiy of the city manager. "

420 wrote on Oct 4, 2008 10:41 AM:

" The city should snatch this property up and demo it at the cost of the tax payers too... It is an eye sore, even with the remodel? I remember back when the homeless would hang out and urinate all over the front glass of the building and the stench of it when walking past... Hey they could turn it into a downtown hotel and it might only cost them a cool million a year to run, sounds like a real good deal too me.... "

mds1 wrote on Oct 4, 2008 6:27 AM:

" I think it's about time the City of Bloomington stay out of the business of redevelopment or assisting others with taxpayer money. Our city leaders are just not qualified to delve into this type of business. The Ensenberger building, the Castle Theater, the Coachman Motel, the Government building, and The Coliseum are just a few of their failed attempts that have cost taxpayers money because the City Council thinks they know what they're doing. STOP ALREADY; WE CAN'T AFFORD IT! "

albundy54 wrote on Oct 4, 2008 2:50 AM:

" Right again Big Brother. This is all the more reason we need to vote out Scmidt, Fruin and other rubber stamps 3 so they can bid a fond farewell before Hamilton goes out at the end of the year. This is yet another case of giving our money away with no return. Those 2 million could go a long way in repaving our streets. "

Rational Humanist wrote on Oct 3, 2008 4:40 PM:

" Greed marches on! Now, the Feds can pick these unwanted units up cheap and turn them into low-income housing. "

BNHuman wrote on Oct 3, 2008 3:14 PM:

" To: BigBrother. Do you really think they would do that to their buddies? "

BigBrother wrote on Oct 3, 2008 2:44 PM:

" The city needs to attach a 2.2 million dollar lien on this property immediately. The tax dollars should be returned to the city if they did not live up to the agreement to complete 28 condos. The tax payers money is gone and the project is in limbo. Who is responsible for protecting the interest of the taxpayers? If this project is allowed to go unfinished the tax payers stand to lose 2.2 million dollars. This is typical of our city manager and his league of co-conspirators. Spend the taxpayers money and forget to protect our interests. Great management team!!! "

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