Court case dismissed against city, code enforcement
Feb. 27—A civil court case revolving around a North Hill property was dismissed Monday against the City of New Castle and the city's code enforcement department.
The case, filed by Midfirst Bank, a federally chartered savings association, was dismissed Monday after the legal parties reached an agreement regarding the property at 1008 N. Beaver St.
"We've been communicating back and forth," Midfirst attorney Danielle DiLeva told Common Pleas Judge John W. Hodge.
DiLeva said Midfirst was approved by the U.S. Department of Housing and Urban Development to demolish the property into an empty lot. She said the property can't be demolished until the bank acquires the property in a sheriff's sale in May.
"The bank can't do anything until the sheriff's sale," DiLeva said. "The bank is going to pay for it. The city is not going to pay for it."
Court records indicate a mortgage was placed on the property on July 19, 2003, which was later assigned to Midfirst Bank on Dec. 9, 2011. Code enforcement sent an emergency demolition notice on May 16 and the bank had 10 days to respond.
An appeal letter was sent on July 17, beyond the 10-day threshold, leading to the city Housing Code Board of Appeals to deny the bank's appeal on July 27.
The bank then filed for a preliminary injunction to stop the demolition. At the time, the goal was to repair the property and bring it to code. Dileva said that has since changed and the demolition will now go forward. She added the resident living in the home has since moved out.
