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100 CENTER DEV. CO. v. HACIENDA MEXICAN REST., INC.

No. 20A03-8902-CV-28.

546 N.E.2d 1256 (1989)

100 CENTER DEVELOPMENT COMPANY, Defendant-Appellant, v. HACIENDA MEXICAN RESTAURANT, Inc., Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied February 20, 1990.

Attorney(s) appearing for the Case

F. Richard Kramer, Rebecca Hoyt Fischer, Kramer, Butler, Simeri, Konopa & Laderer, South Bend, for defendant-appellant.

Joseph L. Amaral, Hammerschmidt, Bonewitz, Amaral & Jonas, South Bend, for plaintiff-appellee.

GARRARD, Presiding Judge.

100 Center Development Company (100 Center) appeals the grant of summary judgment and order by the Elkhart Circuit Court enjoining 100 Center from constructing a new retail building in its parking lot. 100 Center presents a single issue: Whether construction of a proposed building would reduce the parking area so as to require 100 Center to obtain the written consent of Hacienda Mexican Restaurant, Inc. (Hacienda) to that reduction.

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