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[APPEALS] John S. Paniaguas, et al, vs. Endor, Inc., et al, 45A03-1205-PL-244
Start Date: 8/28/2013Start Time: 1:30 PM
End Date: 8/28/2013End Time: 2:30 PM
Entry Description

 

          This case arises from a dispute between Appellant homeowners, who own homes in Unit 1 of a subdivision located in Crown Point, Indiana that were built by an initial developer, and subsequent Appellee homeowners, who purchased homes in the same subdivision, some of which were in Unit 1 and some of which were in Unit 2, that were built by a second developer.  Appellant homeowners alleged that Appellee homeowners’ homes were in violation of the subdivision’s restrictive covenants and requested injunctive relief and damages. 

          After a bench trial, the trial court determined that Appellee homeowners’ homes were in compliance with the restrictive covenants, and Appellant homeowners now appeal, arguing that:  (1) the trial court erred in determining that they lacked standing to enforce the restrictive covenants against certain homeowners in Unit 2 of the subdivision based on the court’s finding that the restrictive covenants only applied to Unit 1 of the subdivision; (2) the trial court abused its discretion in admitting minutes of the Architectural Control Committee under the business records exception to the hearsay rule; (3) the evidence presented failed to support the trial court’s finding that all of the homes built by the second developer complied with the restrictive covenants; and (4) the trial court’s findings were deficient under Indiana Trial Rule 52.  Appellee homeowners cross-appeal, contending that the trial court erred in not granting them attorney fees because Appellant homeowners’ claims were frivolous.

 

The Scheduled Panel Members are Judges Kirsch, Vaidik, and, Pyle.

Location:
Indiana Court of Appeals Courtroom
State House, Room 413
Indianapolis, Indiana 46204
Contact Information:
Name: Martin DeAgostino
Phone: 317-234-4859
Email: martin.deagostino@courts.in.gov
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Entry Type:
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Entry Category:
  • Oral Arguments
  • IN.gov Category:
  • Government
  • Agency Name
    Courts, Indiana

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