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LAND INNOVATORS CO., L.P. v. BOGAN

No. 29A05-1306-PL-308.

15 N.E.3d 23 (2014)

LAND INNOVATORS COMPANY, L.P., R.N. Thompson, Trinity Homes, Inc. and Trinity Homes, LLC d/b/a Beazer Homes, Appellants-Defendants, v. Michael L. BOGAN and Melody A. Bogan, Appellees-Plaintiffs.

Court of Appeals of Indiana.

July 30, 2014.

Attorney(s) appearing for the Case

William T. Rosenbaum , Rosenbaum Law, P.C., Indianapolis, IN, Attorney for Appellants, Land Innovators Company, L.P. and R.N. Thompson.

Andrew J. Detherage , William A. Hahn , Barnes & Thornburg LLP, Indianapolis, IN, Attorneys for Appellants, Trinity Homes, Inc. and Trinity Homes, LLC d/b/a Beazer Homes.

Terrence J. Sorg , Brooks Koch & Sorg, Nana Quay-Smith , Karl L. Mulvaney , Bingham Greenebaum Doll LLP, Indianapolis, IN, Attorneys for Appellees.

OPINION

ROBB, Judge.

Case Summary and Issues

This case centers on a newly constructed home purchased by Michael and Melody Bogan (collectively, "Bogan") in the Lake Stonebridge subdivision in Fishers. Since the home's construction in 1999, it has experienced two incidents of flooding in the lower level. In response to these instances of flooding, Bogan filed suit against the subdivision developer and its general partner, Land Innovators...

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