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CONTINENTAL CAS. v. SYCAMORE SPRINGS HOMEOWNERS

No. 10-3261.

652 F.3d 804 (2011)

CONTINENTAL CASUALTY COMPANY, Plaintiff-Appellee, v. SYCAMORE SPRINGS HOMEOWNERS ASSOCIATION, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 22, 2011.

Attorney(s) appearing for the Case

Mary K. Reeder (argued), Attorney, Riley, Bennett & Egloff, Indianapolis, IN, for Plaintiff-Appellee.

Donna C. Marron (argued), Attorney, Plews, Shadley, Racher & Braun LLP, Indianapolis, IN, for Defendant-Appellant.

Before EASTERBROOK, Chief Judge, and BAUER and EVANS, Circuit Judges.

EASTERBROOK, Chief Judge.

A residential developer built a new subdivision of Indianapolis in the floodplain of the White River. Both the developer and the buyers (who have organized as Sycamore Springs Homeowners Association) knew that the land is low-lying and prone to flooding. Sheehan, the developer, constructed levees and floodwalls to protect the houses; it also built retention ponds and a stormwater holding system. The Courtyard Homes at Sycamore Springs, LLC...

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