Benjamin Crossing Homeowners' Ass'n v. Heide

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Rose Heide and David F. Wilkerson, residents of a planned unit development in Tippecanoe County called Benjamin Crossing, filed a complaint seeking damages and a declaratory judgment that the Tippecanoe Area Building Commission (“Building Commission”) and the Benjamin Crossing Homeowners’ Association (“Homeowners’ Association” or “the Association”) could not enforce a restrictive covenant to prohibit the operation of a child care home in their respective residences in Benjamin Crossing. The restrictive covenant was also incorporated into the planned…