CLEM v. CHRISTOLE, INC.

No. 53A04-8712-CV-393.

548 N.E.2d 1180 (1990)

Tim & Judy CLEM, et al.; James M. Richards, et al., Appellants (Plaintiffs below), v. CHRISTOLE, INC.; Hopewell Center, Inc., Appellees (Defendants below).

Court of Appeals of Indiana, Fourth District.

January 17, 1990.


Attorney(s) appearing for the Case

Len E. Bunger, Philip C. Hill, Bloomington, for appellants Tim & Judy Clem, et al.

Michael R. Withers, Anderson, for James M. Richards, et al.

Thomas N. Olvey, Schnorr, Good & Olvey, Indianapolis, Gary J. Clendening, Harrell, Clendening & Coyne, Bloomington, for appellees Christole, Inc.

Ernest M. Beal, Jr., Fort Wayne, for amicus curiae.

Scott Webb, Anderson, for Hopewell Center, Inc.


CONOVER, Judge.

This is a consolidated appeal.1 Plaintiffs-Appellants, property owners in Fairwood Terrace subdivision in Monroe County, Indiana, and Mustin Manor subdivision in Madison County, Indiana, (Residents), appeal their trial courts' grant of summary judgments in favor of Defendants-Appellees Christole, Inc. (Christole) and Hopewell Center, Inc. (Hopewell) (collectively, developers). Those judgments permit developers to operate...

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