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WEDGEWOOD COMMUNITY ASS'N, INC. v. NASH

No. 02A03-0204-CV-112.

781 N.E.2d 1172 (2003)

WEDGEWOOD COMMUNITY ASSOCIATION, INC., Appellant-Plaintiff, v. Robert O. NASH and Barbara Nash, Appellee-Defendants.

Court of Appeals of Indiana.

January 21, 2003.

Attorney(s) appearing for the Case

Michael H. Michmerhuizen, Patrick G. Murphy, Barrett & McNagny LLP, Fort Wayne, IN, Attorneys for Appellant.

David Van Gilder, Van Gilder & Trzynka, PC, Fort Wayne, IN, Attorney for Appellees.

OPINION

MATHIAS, Judge.

Wedgewood Community Association, Inc. ("Wedgewood Association") appeals the Allen Superior Court's determination that despite a restrictive covenant violation by Robert O. Nash ("Nash"), he was not required to remove a shed constructed in his yard. Wedgewood raises two issues on appeal, which we restate as:

I. Whether the trial court clearly erred when it determined that Wedgewood's claim for declaratory and injunctive relief...

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