Legal Opinion

Siwinski v. TOWN OF OGDEN DUNES

Indiana Court of Appeals

Decided March 16, 2010No. 64A03-0909-CV-429PublishedCited by 3 opinions

1Opinion of the Court

OPINION

KIRSCH, Judge.

Steven and Lauren Siwinski ("the Si-winskis") appeal the trial court's grant of summary judgment in favor of the Town of Ogden Dunes ("the Town") and the denial of their motion for summary judgment. They raise several issues on appeal, of which we find the following dispositive: whether the trial court erred in granting summary judgment in favor of the Town when it found that the Siwinskis' occasional short-term rental of their house constituted a commercial use and not a residential use.

We reverse and remand with instructions.

FACTS AND PROCEDURAL HISTORY

The Town is a…

2Cases cited7 opinions

  1. T.W. Thom Construction, Inc. v. City of JeffersonvilleIndiana Court of Appeals · 1999
  2. Stowers v. Clinton Central School Corp.Indiana Court of Appeals · 2006
  3. Applegate v. ColucciIndiana Court of Appeals · 2009
  4. Cracker Barrel Old Country Store, Inc. v. Town of Plainfield Ex Rel. Plainfield Plan CommissionIndiana Court of Appeals · 2006
  5. Lewis-Levett v. DayIndiana Court of Appeals · 2007

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

3Cited by3 opinions

  1. Slaby v. Mountain River Estates Residential Ass'nCourt of Civil Appeals of Alabama · 2012
  2. Siwinski v. Town of Ogden DunesIndiana Supreme Court · 2011
  3. Siwinski v. Town of Ogden DunesIndiana Supreme Court · 2011

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API