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CARNAHAN v. MORIAH PROPERTY OWNERS ASS'N

No. 45S03-9909-CV-492.

716 N.E.2d 437 (1999)

Donald CARNAHAN and Joyce Carnahan, Husband and Wife, Appellants (Plaintiffs below), v. MORIAH PROPERTY OWNERS ASSOCIATION, INC., et al., Appellees (Defendants below).

Supreme Court of Indiana.

September 27, 1999.

Attorney(s) appearing for the Case

Paul A. Rake, Gregory A. Crisman, Hammond, IN, Attorneys for Appellants.

Charles R. Deible, Hammond, IN, Attorney for Appellees.

ON PETITION TO TRANSFER

SULLIVAN, Justice.

The Moriah Property Owners Association, Inc., which owns approximately 64% of a private lake, seeks to restrict watercraft use on it. The Carnahans, who own a portion of the lake, oppose the restrictions. They contend that they have a prescriptive easement for the recreational use of motorized watercraft on the entire lake. We hold that the Carnahans have failed...

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