VAN PROOYEN BUILDERS, INC. v. Lambert

OPINION ON REHEARING

NAJAM, Judge.

Van Prooyen Builders, Inc. ("Van Prooyen") petitions for rehearing and claims several errors in this court's opinion in Van Prooyen Builders, Inc. v. Lambert, 907 N.E.2d 1032 (Ind.Ct.App.2009) ("Van Prooyen I"). We grant rehearing for the limited purpose of addressing Van Prooyen's contention that the only issue addressed by the trial court and the parties on appeal was whether the Tax Provision violated public policy and, therefore, that this court's opinion should have addressed only that issue.

As noted in our prior opinion, Van Prooyen appealed from the…