Clem v. Christole, Inc.

I dissent.

I believe it is unnecessary to reach the constitutional issues, because, in my view, a group home is a residential use, not a business use. The group homes in this case do not violate the restrictive covenants contained in the respective deeds. There is no dispute that both homes are the type of building — single family dwelling — permitted by the covenants. Further, the uses are residential and not the business uses prohibited by the covenants. The detailed reasons for my conclusion were expressed in my dissent in Adult Group Properties, Ltd. v. Imler (1987), Ind.App., 505 N.E.2d…