The City of Bloomington is taking another shot at using eminent domain to make room for the proposed Fourth Street Parking Garage.
In a notice filed Friday, the city is planning to appeal two rulings made by Judge Holly Harvey regarding the proposed expansion of the project.
The city wants to use eminent domain to take realtor Juan Carlos Carrasquel’s building on the corner of 3 rd and Walnut to expand on the footprint of the former garage.
The first ruling the city plans to appeal is Harvey’s original ruling that stated the city could not use eminent domain to take Carrasquel’s building. Garage plans called for retail space on the ground floor, which is not a public use, so Harvey ruled the city could not use eminent domain to take the property.
Harvey then denied the city’s motion to amend its original garage plans, which would have used the space solely for parking. The city will appeal that ruling as well.
Carrasquel also filed a motion for the city to pay his attorney fees and costs, totaling almost $65,000.
There is no timetable set for the appeal, but a hearing for Carrasquel’s legal fees is scheduled for Monday, March 9.
