Legal Opinion
Bagko Development Co. v. Damitz
Indiana Court of Appeals
Decided August 23, 1994No. 34A04-9309-CV-338PublishedCited by 14 opinions
1Opinion of the Court
RATLIFF, Senior Judge.
STATEMENT OF THE CASE
Nila and Charles Damitz bought two adjoining lots; on one, they built a $400,000 home and on the other a Little League baseball practice facility. The developer-builder and neighbors brought an action against the Damitzes, seeking to enjoin their use of the practice field. The trial court entered judgment in favor of the Damitzes. We affirm.
ISSUES
I.Was the practice field a violation of the restrictive covenant contained in the deed?
II.Was the field a violation of the zoning ordinance of Howard County?
III.Did the lights on the infield and the use of…
2Cases cited15 opinions
- Vanderburgh County Board of Commissioners v. RittenhouseIndiana Court of Appeals · 1991
- Adult Group Properties, Ltd. v. ImlerIndiana Court of Appeals · 1987
- Cox v. SchlachterIndiana Court of Appeals · 1970
- Boone County Area Plan Commission v. KennedyIndiana Court of Appeals · 1990
- Wendt v. KerkhofIndiana Court of Appeals · 1992
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Bloomfield Estates Improvement Ass'n, Inc. v. City of BirminghamMichigan Supreme Court · 2007
- Reinking v. Metropolitan Board of Zoning Appeals of Marion CountyIndiana Court of Appeals · 1996
- Flying J., Inc. v. City of New Haven, Board of Zoning AppealsIndiana Court of Appeals · 2006
- Hutchens v. MP Realty Group-Sheffield Square ApartmentsIndiana Court of Appeals · 1995
- Town of Avon v. HarvilleIndiana Court of Appeals · 1999
9 more not listed; retrieve them via the Exa API.