House Demolition Leads to $200,000 Claim Against City of Fairbury

By Gordon HopkinsThe City of Fairbury has received a $200,000 tort claim in response to the demolition of a house last year. Tort claims are legal claims that can be filed when someone is injured or their property is damaged by another person's negligence or wrongful act.The city regularly performs abatement and demolishes houses that are not up to city code and are considered dangerous. One house, at 8th and H Streets, demolished on Friday, November 10, 2023, created some controversy at the time after photos of two signs on the property were posted on social media.One sign stated, “House was 100 percent code compliant. This is how they get grant money.”The other, “Mayor – 100 percent in code. Why did you destroy my house? You got a lotta ‘splainin’ (sic) to do. The pile is mine – Not yours Leave it alone.”Then-Mayor Spencer Brown disputed the content of the signs. He told FJN on that same day, “Mr. (Don) Goebel had failed to fix his condemned structure and it was subject to demolition.” The mayor added, “He currently has until Nov. 15th for cleanup, or the city will go forward with the cleanup and make the area safe.”Following demolition of the property, Goebel put up the signs and parked a large truck on the property, thus blocking access to the property and preventing the city from removing the debris from the demolition.On December 13, 2024, the City of Fairbury then filed a lawsuit seeking to enjoin Goebel, “from any and all actions violating the City’s nuisance ordinances and preventing the City from adhering to its nuisance abatement procedures.”The lot was eventually cleared and the lawsuit dismissed.According to Dustin A. Garrison, Goebel's attorney, “The home destroyed wrongfully by the City of Fairbury was habitable for a residence. Mr. Goebel was in the process of renovating the property when it was wrongfully destroyed by the City of Fairbury. When demolishing the property, the City of Fairbury ruined all utility fixtures for said home, together with the plumbing, electrical, and other components. Indeed, once renovated, this house would have served as a rental property for Mr. Goebel. Mr. Goebel is entitled to receive damages from the City of Fairbury pursuant to this claim for violation of due process, trespassing, destruction of his property, depreciation of the value of his property. In total, Mr. Goebel is seeking the total sum of $200,000.00.”The claim was mentioned during the Fairbury City Council meeting on Tuesday, December 3, 2024, but there was no discussion as the matter is still being reviewed by the city's legal counsel.“By state statute, I am required to report to you when a tort claim has been filed. So that's why you see that under the report section of the agenda tonight. Mr. Goegel had filed a claim,” said City Clerk Erin Reimer. “Alleging violation due process trespassing, and currently this claim is under review.”

Upstream Hopes To Connect Those In Need With Available Resources

Holiday Magic

Related Articles

Local School Districts Impacted by Data Breach

Changing of the Guard: Newly Elected Officials Are Sworn In As Others Say Goodbye

Fairbury Laundromat Reopens

Diller Water Rates Increase