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HRISOMALOS v. SMITH

No. 53A05-9201-CV-7.

600 N.E.2d 1363 (1992)

Frank N. HRISOMALOS, Athena R. Hrisomalos, Dennis L. Friesel, Donna M. Friesel, John M. Findley and Marjorie E. Findley, Appellants-Intervenors, v. Marc S. SMITH, Beth A. Smith and Minnette D. Deiss, Appellees-Petitioners.

Court of Appeals of Indiana, Fifth District.

October 19, 1992.

Attorney(s) appearing for the Case

Geoffrey M. Grodner, Mallor Grodner & Bohrer, Bloomington, for appellants-intervenors.

Frank A. Barnhart, Barnhart Sturgeon & Spencer, Bloomington, for appellees-petitioners.

SHARPNACK, Chief Judge.

On January 2, 1991, Marc and Beth Smith, who wished to purchase lots Nos. 7 and 8 located on the southern edge of Bloomington's Hillsdale First Addition ("Hillsdale") in order to operate a dentist's office, filed a complaint for declaratory judgment asking that a restrictive covenant benefiting the Hillsdale subdivision be declared invalid with respect to lots Nos. 7 and 8. Minnette Deiss, the owner of the lots, later joined in the Smiths'...

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