Minder v. Martin Luther Home Foundation

MEMORANDUM DECISION

MILLER, Presiding Judge.

Plaintiff-homeowners sought a declaratory judgment which would have prohibited, as a violation of deed restrictive covenants, the presence of an adult group home, the Martin Luther Home Foundation, in their subdivision. The trial court granted summary judgment in favor of the adult home. The majority of this court agrees with the trial court.

This case presents the same question raised in Clem v. Christole, Inc. (1990), Ind.App., 548 N.E.2d 1180 which held that the 1988 amendment of the adult group home statute (Ind.Code 16-13-21, 14.1) authorizing…