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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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