Rainbow Community, Inc. v. Town of Burns Harbor

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Defendant, Rainbow Community, Inc. (Rainbow), appeals the trial court’s judgment in favor of Appellee-Plaintiff, Town of Burns Harbor (Burns Harbor), on Burns Harbor’s request for an injunction, professional fees, and attorney fees.

We reverse and remand.

ISSUE

Rainbow raises two issues on appeal, one of which we find to be dispositive: Whether the trial court erred in ordering Rainbow to perform a closed circuit television test (CCTV test) on its permanent sewer line without first hearing all of Rainbow’s evidence in opposition.

FACTS AND…