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  5. 819 N.E.2d 55 (2004)
 

STORY B & B, LLP v. BROWN COUNTY AREA PLAN COM'N

No. 07S01-0402-CV-53.

819 N.E.2d 55 (2004)

STORY BED & BREAKFAST, LLP, Appellant (Plaintiff below), v. BROWN COUNTY AREA PLAN COMMISSION, Appellee (Defendant below), and Patricia N. March, Appellee (Intervener-Defendant below).

Supreme Court of Indiana.

December 16, 2004.

Attorney(s) appearing for the Case

Steven K. Emery, Holly M. Harvey, Bloomington, IN, for Appellant.

David B. Schilling, Bloomington, IN, Michael A. Mullett, Indianapolis, IN, for Appellees.

Karen L. Arland, Indianapolis, IN, for Amicus Curiae Indiana Municipal Lawyers Association.

BOEHM, Justice.

We hold that covenants imposed by the Brown County Area Plan Commission as conditions for approval of a planned unit development are enforceable against a subsequent purchaser of property subject to the PUD.

Factual and Procedural Background

The property involved in this case originally consisted of approximately twenty-two acres containing a restaurant and mill in an area zoned for commercial use, and a number of houses used as rental...

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