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. That comment on this e-site, which reports on every building, courtroom or even insignificant social movement by beltway sycophants as being named to honor the yet-quite-alive former chief judge, is truly laughable!

  2. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  3. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  4. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  5. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

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