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BAGKO DEVELOPMENT CO. v. DAMITZ

No. 34A04-9309-CV-338.

640 N.E.2d 67 (1994)

BAGKO DEVELOPMENT COMPANY, Robert E. Longwith, and Cathy Longwith, Appellants (Plaintiffs below), v. Charles T. DAMITZ and Nila J. Damitz, Appellees (Defendants below), v. Jim Bagley Construction Company, Inc., James B. Bagley, Jr., and James B. Bagley, III, Appellants (Third Party Defendants below).

Court of Appeals of Indiana, Fourth District.

August 23, 1994.

Attorney(s) appearing for the Case

Richard L. Russell, Russell, McIntyre, Jessup & Hilligoss, Kokomo, for appellants.

J. Conrad Maugans, Mark A. Scott, Bayliff, Harrigan Cord & Maugans, Kokomo, for appellees.

RATLIFF, Senior Judge.

STATEMENT OF THE CASE

Nila and Charles Damitz bought two adjoining lots; on one, they built a $400,000 home and on the other a Little League baseball practice facility. The developer-builder and neighbors brought an action against the Damitzes, seeking to enjoin their use of the practice field. The trial court entered judgment in favor of the Damitzes. We affirm.

ISSUES I. Was the practice...

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