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VILLAS WEST II OF WILLOWRIDGE v. McGLOTHIN

No. 34S02-0805-CV-266.

885 N.E.2d 1274 (2008)

VILLAS WEST II OF WILLOWRIDGE HOMEOWNERS ASSOCIATION, INC., Appellant (Plaintiff/Cross-Defendant Below), v. Edna McGLOTHIN, Appellee (Defendant/Cross-Claimant Below).

Supreme Court of Indiana.

May 15, 2008.

Attorney(s) appearing for the Case

Jeremy A. Peelle, Kokomo, P. Thomas Murray, Jr., Indianapolis, IN, Lara A. Anderson, Bolingbrook, IL, Attorneys for Appellant.

Joseph H. Davis, Kokomo, IN, Attorney for Appellee.

On Petition to Transfer from the Indiana Court of Appeals, No. 34A02-0504-CV-370.

SHEPARD, Chief Justice.

A homeowner whose deed contained various covenants applicable to her subdivision rented out her residence, notwithstanding a covenant not to do so. Her homeowners association sued to enforce the prohibition, and she countersued, claiming that the agreement she had made through the covenant violated the Fair Housing Act. Her counter-complaint appeared...

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