John S. Paniaguas, et al, v. Endor, Inc., et al. - 8/28/13

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Wednesday  August 28, 2013 
10:30 AM  EST

10:30 a.m.45A03-1205-PL-244.  This case arises from a dispute between Appellant homeowners, who own homes in Unit 1 of a subdivision located in Crown Point, Indiana that were built by an initial developer, and subsequent Appellee homeowners, who purchased homes in the same subdivision, some of which were in Unit 1 and some of which were in Unit 2, that were built by a second developer.  Appellant homeowners alleged that Appellee homeowners’ homes were in violation of the subdivision’s restrictive covenants and requested injunctive relief and damages.

 After a bench trial, the trial court determined that Appellee homeowners’ homes were in compliance with the restrictive covenants, and Appellant homeowners now appeal, arguing that:  (1) the trial court erred in determining that they lacked standing to enforce the restrictive covenants against certain homeowners in Unit 2 of the subdivision based on the court’s finding that the restrictive covenants only applied to Unit 1 of the subdivision; (2) the trial court abused its discretion in admitting minutes of the Architectural Control Committee under the business records exception to the hearsay rule; (3) the evidence presented failed to support the trial court’s finding that all of the homes built by the second developer complied with the restrictive covenants; and (4) the trial court’s findings were deficient under Indiana Trial Rule 52.  Appellee homeowners cross-appeal, contending that the trial court erred in not granting them attorney fees because Appellant homeowners’ claims were frivolous.

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  1. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  2. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  3. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  4. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon

  5. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"