NOBLESVILLE REDEVELOP. v. NOBLESVILLE ASSOC.

No. 29S02-9509-CV-1094.

674 N.E.2d 558 (1996)

NOBLESVILLE REDEVELOPMENT COMMMISSION, Appellant (Plaintiff Below), v. NOBLESVILLE ASSOCIATES LIMITED PARTNERSHIP, an Indiana Limited Partnership, Joe Faulkner, Von Blankenbaker, Noblesville Development Company, an Indiana General Partnership, Mercantile Bank of St. Louis National Association, Stop One Holding Corp., Inc. and The Kroger Co., an Ohio Corp., Appellees (Defendants Below).

Supreme Court of Indiana.

December 31, 1996.


Attorney(s) appearing for the Case

Jack G. Hittle, Noblesville, for Appellant.

A. Donald Wiles, II, Patricia Polis McCrory, Douglas A. Tresslar, Indianapolis, for Appellees.


SHEPARD, Chief Justice.

Private guarantors who were parties to a tax incremental financing scheme eventually defaulted, and the public body sued the guarantors and the subject real estate to "foreclose a lien." The trial court held that the guaranty was not a lien and entered judgment for the guarantors. The Court of Appeals reversed, holding that the guaranty created an equitable lien. We grant transfer and affirm the trial court.

I. Facts

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