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Tuesday, April 18, 2017

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 5 NFP memorandum decision(s))

For publication opinions today (2):

In Wanda Roberts, et al. v. Anthony W. Henson , a 19-page opinion, Judges Barnes writes:

Wanda and Ray Roberts, along with seventeen of their neighbors (collectively “the Appellants”), appeal the trial court’s grant of summary judgment in favor of Anthony Henson and the denial of their motion for summary judgment. We reverse and remand.

The restated issue before us is whether the trial court correctly concluded as a matter of law that a structure built by Henson in the Appellants’ neighborhood did not violate the neighborhood’s restrictive covenants. * * *

We reverse the grant of summary judgment in Henson’s favor with respect to the covenant provisions regarding story height and two-car garages and remand for further proceedings with respect to those provisions. However, we agree that, as a matter of law, Henson’s structure is not a “barn” or “pole barn” that is prohibited by the covenants.

In Luther T. Collins v. Metro Real Estate Services, LLC , a 20-page opinion, Judge Barnes writes:
Luther Collins challenges the trial court’s order finding an easement exists across Collins’s property for the benefit of adjacent property owned by Metro Real Estate Services, LLC (“Metro”). We affirm. * * *

[Issues] I. whether there is an easement by grant over Collins’s property; and II. whether there is an easement by implication over Collins’s property. * * *

The trial court did not abuse its discretion by concluding an easement exists for Metro’s benefit over Collins’s property. We affirm.

NFP civil decisions today (2):

HK v. SC (mem. dec.)

CHINS: SS v. Indiana Department of Child Services, et al. (mem. dec.)

NFP juvenile and criminal decisions today (3):

William D. Wyatt, Jr. v. State of Indiana (mem. dec.)

Lynn Kohne v. State of Indiana (mem. dec.)

Le Gia Hoang v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on April 18, 2017 11:22 AM
Posted to Ind. App.Ct. Decisions