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COMMUNITY CONST. v. POSTERITY SCHOLAR HOUSE

Court of Appeals Case No. 21A-CC-2728.

203 N.E.3d 1069 (2023)

COMMUNITY CONSTRUCTION LLC, Appellant-Plaintiff/Counterclaim Defendant, v. POSTERITY SCHOLAR HOUSE, LP, and BWI Development & Management, Inc., Appellees-Defendants/Counterclaim Plaintiffs.

Court of Appeals of Indiana.

Filed January 20, 2023.

Attorney(s) appearing for the Case

Attorney for Appellant: Steven P. Lammers , Mandel Rauch & Lammers, P.C., Carmel, Indiana.

Attorney for Appellees: John P. Higgins , Stoll Keenon Ogden, PLLC, Indianapolis, Indiana.

Case Summary and Issues

[1] This litigation arises out of an intended multi-phase construction project ("Project") in Fort Wayne, Indiana. As of the time of this litigation, only phase one had been completed, consisting of two twenty-two-unit apartment buildings. The relevant entities...

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