Dispute done: City vs. VFW case settled for under $900K

By Andrea Bruner, White River Now

Just hours after ground was officially broken on a new park expansion, one of the last pieces of the puzzle fell into place regarding the project.

Thursday evening the Batesville City Council held a special meeting to authorize the city to settle an ongoing court case between the city and the Harry B. Stokes Post No. 4501, Veterans of Foreign Wars.

The case will be settled for $878,750.

“I think the resolution passed today puts to rest the lawsuit and brings closure to our county. I think the settlement satisfies both parties. I’m just glad they came to terms,” Independence County Judge Kevin Jeffery said following the vote.

With the only item on the agenda being the resolution for settlement, it was read by title only and then adopted by a 7-0 vote. Alderwoman Brittany Bennett was absent.

Mayor Rick Elumbaugh said this was “good news for our community” and that he is “looking forward to our partnership with the VFW for many years.”

“I think the resolution passed today puts to rest the lawsuit and brings closure to our county. I think the settlement satisfies both parties. I’m just glad they came to terms,” Independence County Judge Kevin Jeffery said following the vote.

Barbara Henson, quarter master for the post, praised the settlement, adding, “This is a great way for the post to move forward and do what our mission is, which is to support veterans and their families. Until we got this resolved, we were not able to move forward.”

The VFW was formerly located on two acres on Chaney Drive – property that was designated for the city’s new Riverside Park upgrade as part of the Building a Better Batesville initiative. In August of 2023, Batesville voters approved the extension of a half-cent sales tax for the expansion and improvement of the park.

On Thursday morning, officials from the city and Batesville Area Chamber of Commerce hosted construction company representatives and other dignitaries in a groundbreaking ceremony for a $25 million project at the park, to include an events center, fully-lit sports courts, a skate/bike park, nature play and water play, new trails, upgraded restrooms and an inclusive playground for individuals with disabilities.

The groundbreaking ceremony was held just steps away from where the old VFW building once stood. The post moved in October to 100 Legion Lane, making way for demolition followed by dirt work.

“I think this is a great way for the city and the VFW to be able to partner together in the future and now that wounds are healed and everyone is happy (with the settlement), I couldn’t be happier,” Barbara Henson, VFW Post 4501 quarter master said.

Henson said now the post can concentrate on that mission with the necessary funds and resources. “One example is we have an unmet needs account where we help homeless veterans and orphans and widows of veterans. We helped two just last week with bills, food – any type of resources they can’t find elsewhere, we step in. They feel more comfortable coming to a fellow veteran, so we’re able to do that and we’re going to be able to do it a lot better now.”

Henson said the VFW’s relocation to the old American Legion building north of town was a great idea.

“We’re not in the city limits anymore so I think it looks like it’s more of a countywide VFW for veterans of the whole county, so I think it’s been a good move, especially to take the Legion which had a great history, and now we’re in there and I think we’ve just made it better. We invite all veterans to come and visit and take part in our programs.”

Henson said the post had elections in May, and she took over as quarter master and Justin Trivitt, who was unable to attend the council meeting Thursday night, was elected the new post commander.

“I think this is a great way for the city and the VFW to be able to partner together in the future and now that wounds are healed and everyone is happy (with the settlement), I couldn’t be happier,” she said.

Henson said there was a lot of misunderstanding regarding the case, but she stressed that the city has always supported veterans.

“We know that, and we just wanted to come back to the table,” she said, explaining that the VFW approached the city last week in hopes of reopening the conversation.

Henson said this was prompted by a need to not let the case linger any longer.

“We needed to move forward. We have a whole new crew of officers, and all of us that are in (office) were not a part of it when the first part of it started happening, and we just felt like this was a good way to move forward if we came back and said, ‘Let’s talk again. You haven’t talked to us (the new officers).’ We had a great talk and learned a lot.”

Alderman Fred Krug, who is the only veteran serving on the city council, said he was happy with the resolution. “I believe in the VFW, and I’m happy things are getting back to normal. I’m looking forward to the VFW thriving with new members. It’s a whole new ballgame, and I’m excited for them.”

The settlement puts an end to the dispute that has been ongoing for more than a year, starting with an appraisal prepared for the city that valued the property at $610,000. The amount was met with resistance, and the VFW contracted its own appraisal by a different company that set the value at $1.133 million.

On May 1, 2024 the Batesville City Council approved a motion to begin the condemnation process after the VFW, through its attorney, Blair Arnold, rejected an $800,000 offer by the city for the property. The city filed condemnation proceedings on May 31, 2024, in Independence County Circuit Court.

The city has paid the $610,000, leaving a final sum of $268,750 to be paid.

Images: White River Now