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Commissioners Approve 50/50 Split of Attorney Fees for 415 Lakeshore Drive

February 28, 2021
By

County news # 2County Attorney Jim Clevenger presented an intergovernmental agreement between Marshall County and the Town of Culver during the commissioners meeting last Monday.  The agreement is to share the attorney fees for Mark Adey from Barnes and Thornburg for the issues at 415 Lakeshore Drive.

Clevenger said the County Treasurer Angie Birchmeier would was hoping for some assistance in getting the delinquent taxes for 415 Lakeshore Drive in Culver.

The owner of the property owes the county $35,503.59 for unpaid real-estate taxes.  The Town of Culver also has a judgement lien of $71,989.11 against the owner Scotty VanHawk.

VanHawk filed Chapter 13 bankruptcy just days before the Town of Culver was going to sell the property on Sheriff’s Sale.

Attorney Mark Adey specializes in bankruptcy issues and was already hired by Culver to represent them.  The agreement calls for the Town of Culver and the County to share equally 50/50 the attorney fees.

Commissioner Stan Klotz asked if there was any recourse to collect the legal fees for the town and the county.

Clevenger said the town may have since the property was going to be sold at Sheriff’s Sale.  Because VanHawk owes real-estate taxes, state statute doesn’t allow recovery of legal fees.

The commissioners approved the intergovernmental agreement.

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