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LIBERTY COUNTRY CLUB v. LANDOWNERS

No. 81A01-1007-MI-364.

950 N.E.2d 754 (2011)

LIBERTY COUNTRY CLUB, Appellant, v. LANDOWNERS and EACH OF THEM, of the Country Club Estates Housing Development, Liberty, Indiana, Appellee.

Court of Appeals of Indiana.

June 10, 2011.

Attorney(s) appearing for the Case

Mark D. Gerth , Kightlinger & Gray, LLP, Indianapolis, IN, Attorney for Appellant.

James R. Williams , Defur Voran, LLP, Muncie, IN, Attorneys for Appellee.

OPINION

MATHIAS, Judge.

Liberty Country Club ("Liberty") filed a complaint for declaratory judgment in Union Circuit Court against the Landowners of the Country Club Estates Housing Development (collectively "the Homeowners") seeking a declaration that under the terms of a covenant applicable to the development, Liberty was not required to expend funds to maintain the purity of the water it provides to the Homeowners. After the parties filed cross-motions...

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