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BRENDONWOOD COMMON v. FRANKLIN

No. 2-278A60.

403 N.E.2d 1136 (1980)

BRENDONWOOD COMMON, Appellant (Plaintiff below), v. William E. FRANKLIN, Evelyn S. Franklin, Wolford T. Gradison, Graham's Furniture, Inc., Fred W. Kohlmeyer, Betty Kohlmeyer, Donald C. McCallum, Beverly McCallum, John Prendergast, Jean Prendergast, Mrs. Virginia Reibel, Mrs. Mildred M. Spaan, Appellees (Defendants below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied June 10, 1980.

Attorney(s) appearing for the Case

Daniel E. Johnson, Baker & Daniels, Indianapolis, for appellant.

Ronald W. Polston, Indianapolis, for appellees.

YOUNG, Judge.

Brendonwood Common, a not-for-profit corporation, began this action to collect delinquent assessments from several of its members, each of whom owns one or more Brendonwood's lots fronting on 56th Street (Brendonwood's southern boundary). These members resisted collection and sought declaratory relief that the covenants requiring all lot owners in Brendonwood to maintain memberships in Brendonwood Common and to pay its assessments had become unenforceable...

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