Marshall Circuit Court Judge Janette E. Surrisi on Feb. 16 ruled in City of South Bend, Indiana v. Argos 316, LLC, et al. (50C01-2501-PL-000004) that the City of South Bend may continue its effort to take two parking lots from Portage Township of St. Joseph County using eminent domain.
The dispute centers on property at 340 Columbia Place near downtown South Bend. The City of South Bend is seeking to acquire two surface parking parcels next to the Portage Township Trustee’s office as part of a long-term redevelopment plan for the Monroe Park and Edgewater area.
Portage Township currently uses the building and the parking lots for government services. According to court filings, the building houses the Portage Township Trustee’s office, the Township Advisory Board meeting room, fire department offices and other governmental functions. Portage Township has stated that the property “is being used for a public use,” and that residents rely on the parking lots when visiting for township services.
The City of South Bend filed a condemnation lawsuit on Oct. 16, 2024. City of South Bend officials have said the eminent domain/acquisition is tied to implementation of the Monroe Park|Edgewater Neighborhood Plan, adopted by the South Bend Common Council in August 2023.
Portage Township objected, arguing that because the property is already being used for government purposes and is located in a redevelopment project area, Indiana law required legislative authorization before eminent domain could be used.
In deposition testimony filed with the court, Mayor James Mueller said he personally authorized the good faith purchase offer and “authorized this eminent domain lawsuit to be filed.” In the same deposition, when asked which body makes the decision to acquire property by eminent domain, Mueller responded that “with the final signoff, it would be the Board of Public Works is my understanding.” Court filings further indicate that the Board of Public Works had not approved the filing before the lawsuit was initiated.
Nearly eleven months after the lawsuit was filed, on Sept. 23, 2025, the South Bend Board of Public Works adopted Resolution No. 22-2025, which “affirms all past, and authorizes all present and future” offers to purchase property and authorizes condemnation actions under the statute.
Judge Surrisi rejected the objections filed by Portage Township and allowed the eminent domain case to proceed, meaning the City of South Bend can continue the legal process to determine whether it may acquire the property and at what compensation. Portage Township and the other defendants may appeal the ruling.
Logan Foster
Logan Foster founded Redress South Bend and reports on local government and public records in South Bend and St. Joseph County. He is 31 years old and is majoring in finance. He is a Cleveland sports fan and a longtime season ticket holder of the Cleveland Cavaliers.
