Legal Opinion

Story Bed & Breakfast, LLP v. Brown County Area Plan Commission and Patricia N. March

Indiana Supreme Court

Decided December 16, 2004No. 07S01-0402-CV-53PublishedCited by 52 opinions

1Opinion of the Court

BOEHM, Justice.

We hold that covenants imposed by the Brown County Area Plan Commission as conditions for approval of a planned unit development are enforceable against a subsequent purchaser of property subject to the PUD.

Factual and Procedural Background

The property involved in this case originally consisted of approximately twenty-two acres containing a restaurant and mill in an area zoned for commercial use, and a number of houses used as rental and boarding units in areas zoned for residential use. In 1986, Story Group Inc. requested the Brown County Plan Commission and the County…

2Cases cited31 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  3. Texaco, Inc. v. ShortSupreme Court of the United States · 1982
  4. LTV Steel Co. v. GriffinIndiana Supreme Court · 2000
  5. In Re Stowe Club HighlandsSupreme Court of Vermont · 1995

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3Cited by52 opinions

  1. John W. Schoettmer & Karen Schoettmer v. Jolene C. Wright & South Central Community Action Program, Inc.Indiana Supreme Court · 2013
  2. Biddle v. BAA Indianapolis, LLCIndiana Supreme Court · 2007
  3. Siwinski v. Town of Ogden DunesIndiana Supreme Court · 2011
  4. Midtown Chiropractic v. Illinois Farmers Insurance Co.Indiana Supreme Court · 2006
  5. Town of New Chicago v. City of Lake Station Ex Rel. Lake Station Sanitary DistrictIndiana Court of Appeals · 2010

47 more not listed; retrieve them via the Exa API.

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