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BAY COLONY CIVIC v. PEARL GASPER TRUST

No. 49A05-1207-PL-365.

984 N.E.2d 231 (2013)

BAY COLONY CIVIC CORPORATION, Appellant-Defendant, v. PEARL GASPER TRUST and Bruce F. Waller, Appellees-Plaintiffs.

Court of Appeals of Indiana.

March 11, 2013.

Attorney(s) appearing for the Case

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

Stephen R. Buschmann , Thrasher Buschmann & Voelkel, P.C., Indianapolis, IN, Attorney for Appellee Pearl Gasper Trust.

William Gooden , Clark, Quinn, Moses, Scott & Grahn, LLP, Indianapolis, IN, Attorney for Appellee Bruce F. Waller.

OPINION

SHEPARD, Senior Judge.

Two homeowners in a planned subdivision on a reservoir have been seeking to prevent their neighbors from using an easement for access to the reservoir.

The two homeowners own private boat docks, and they sued when the neighborhood association spent funds to create a path down through the easement to the water so that other residents could use the reservoir without encroaching on the docks. Concluding the trial court...

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