Tippecanoe Associates II, LLC v. Kimco Lafayette 671, Inc.

OPINION

MAY, Judge.

Tippecanoe Associates II, LLC ("Tippecanoe") appeals the trial court's grant of declaratory judgment in favor of Kimeo Lafayette 671, Inc. ("Kimeo"). Tippecanoe raises two issues, which we reorder and restate as:

1. Whether the trial judge abused his discretion when he refused to recuse himself; and

2. Whether the trial court's declaratory judgment in favor of Kimeo was clearly erroneous. 1

We affirm in part and reverse in part.

FACTS AND PROCEDURAL HISTORY

In 1978, SES Development Company ("SES") owned the Sagamore Shopping Center ("shopping center") located at the intersection…