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BENJAMIN CROSSING HOMEOWNERS' v. HEIDE

No. 79A04-1103-PL-185.

961 N.E.2d 35 (2012)

BENJAMIN CROSSING HOMEOWNERS' ASSOCIATION, INC., Appellant-Plaintiff, v. Rose HEIDE and David F. Wilkerson, Appellees-Defendants.

Court of Appeals of Indiana.

February 7, 2012.

Attorney(s) appearing for the Case

Scott A. Tanner , Tanner Law Group, Indianapolis, IN, Attorney for Appellant.

Judson G. Barce , Hunter J. Reece , Bonnie J. Adams , Barce & Reece, P.C., Fowler, IN, Attorneys for Appellees.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Rose Heide and David F. Wilkerson, residents of a planned unit development in Tippecanoe County called Benjamin Crossing, filed a complaint seeking damages and a declaratory judgment that the Tippecanoe Area Building Commission ("Building Commission") and the Benjamin Crossing Homeowners' Association ("Homeowners' Association" or "the Association") could not enforce a restrictive covenant to prohibit...

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