ILNews

Court erred, twice rejected settlement in covenant case

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A trial court erred in denying a homeowners association’s request for an injunction against a resident who parked a trailer on her lot. The court then twice rejected joint settlement requests, according to a panel of the Indiana Court of Appeals.

The COA sent Avon Trails Homeowners Association, Inc. v. Kellie Homeier, 32A01-1307-PL-312, back to Hendricks Circuit Judge Jeffrey V. Boles with instructions to enter the settlement agreement the parties reached after Avon Trails appealed Boles’ denial of a preliminary injunction the association sought to enforce a restrictive covenant that applied to members of Avon Trails.

Judge Elaine Brown noted “the peculiar procedural posture of this case” in which the court denied the injunction request, which the court said was clearly erroneous, then “on multiple occasions refused the parties’ overtures” to settle. Homeier agreed to abide by terms of the covenant and Avon Trails would drop the case and any claim for court costs or legal fees.

“Instead of accepting the proposed settlement expressed in the Joint Motion to vacate its order, enter a permanent injunction, and end any proceedings at the appellate court level, the court in its CCS entries on May 3 and July 1, 2013, opted to leave in place its interpretation of the Covenant as expressed in its Order," Brown wrote for the panel that also included Chief Judge Margret Robb and Judge Michael Barnes.
 
"It was error for the court to refuse to accept the parties’ Joint Motion," Brown wrote. "We remand with instructions to the court to vacate its original order and enter an order substituting the applicable language of the Joint Motion."

 

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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