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KUCHLER v. MARK II HOMEOWNERS ASS'N, INC.

No. 1-380A59.

412 N.E.2d 298 (1980)

Stephen KUCHLER and Lynda Kuchler, Husband and Wife et al., Appellants (Plaintiffs below), v. MARK II HOMEOWNERS ASSOCIATION, Inc., an Indiana Not-for-Profit Corporation, Appellee (Defendant below).

Court of Appeals of Indiana, First District.

November 18, 1980.

Attorney(s) appearing for the Case

Roy L. Dickinson, Franklin, for appellants.

Brian J. Deppe, LaGrange, Fredbeck & Deppe, Franklin, for appellee.

ROBERTSON, Presiding Judge.

Homeowners residing in the Mark II Subdivision in Johnson County, Indiana, brought a declaratory judgment action against the Mark II homeowners association, a not-for-profit corporation, questioning the powers of the corporation under a recorded Declaration of Covenants and Restrictions and questioning specific procedures of the corporation. The case was tried without benefit of jury and the trial court entered brief findings. Both parties...

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