In the Matter of John Charles Cooper GOULD and Janice M. Gould, Debtors-Appellees. Appeal of Donald B. FISHER
Court of Appeals for the Seventh Circuit
1Opinion of the Court
FLAUM, Circuit Judge.
In the late 1970s, the Trafalgar Corporation and John Gould (collectively “Gould”), commenced plans to develop “Scotia,” an upscale residential community located on 200 acres of prime real estate in Allen County, Indiana. In the course of planning the development, Gould negotiated a sewer easement across a contiguous plot of land owned by John and Susan Weaver. In exchange, Gould granted the Weavers a right of first refusal (i.e., the right to match any bona fide purchase offers) in the event Gould decided to sell a 7.5 acre tract of Scotia that bordered the Weavers’…
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