The council voted 3-1 on Feb. 7 against the permit, with Mayor Steve Dallas and Councilmember Carolyn Hardy leading the way. But the decision to not award a new permit was stunning for two other reasons, as laid out by Fink in a February letter from his attorney Jason Retterer.

Retterer writes a court will be on Fink’s side, because the enclosure has existed without problems for 12 years.

Carmel officials claim that the original permit was issued in error by an employee, but Retterer argues case law protects landowners from cities revoking permits after the fact based on errors.

Fink’s lawyer also reasserted the claim that Fink could not get a fair hearing.

“Any objective observer with knowledge of the events leading up to the Council’s decision could reasonably predict that Mayor Dallas and Councilmember Hardy would vote to deny the encroachment permit,” Retterer writes.

Even if a court sided with the city on its claim the permit was never properly awarded, “at a minimum” it would set aside the council’s decision based on Dallas’ participation in the vote, Retterer's letter continues.