Legal Opinion

Wischmeyer v. Finch

Indiana Supreme Court

Decided September 8, 1952No. 28,958PublishedCited by 42 opinions

1Opinion of the CourtBobbitt, J.

Appellants bring this suit in equity to enjoin the appellees from continuing alleged violations of certain restrictions contained in the plat of Briar-wood Amended, being a subdivision of Briarwood, an addition to the city of Indianapolis.

The determination of two questions here presented will decide the material issues involved. (1) Can the owner of all the land in a subdivision, after a plat thereof containing building and property line restrictions has been approved by the Board of Public Works and recorded in the manner provided by statute, modify, change or eliminate such restrictions so…

2Cases cited26 opinions

  1. City of Indianapolis v. KingsburyIndiana Supreme Court · 1884
  2. Cox v. Louisville, New Albany, & Chicago RailroadIndiana Supreme Court · 1874
  3. Ryason v. DuntenIndiana Supreme Court · 1905
  4. Southwest Petroleum Co. v. LoganSupreme Court of Oklahoma · 1937
  5. Housing Authority of Gallatin County v. Church of GodIllinois Supreme Court · 1948

21 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Licocci v. Cardinal Associates, Inc.Indiana Supreme Court · 1983
  2. Gordon E. Gouveia, Trustee in Bankruptcy for Kathleen Sue Hiles v. Barbara TazbirCourt of Appeals for the Seventh Circuit · 1994
  3. William Daniels and Judy Daniels v. The Area Plan Commission of Allen CountyCourt of Appeals for the Seventh Circuit · 2002
  4. Adult Group Properties, Ltd. v. ImlerIndiana Court of Appeals · 1987
  5. Northern Ind. Pub. Serv. Co. v. McCOY ET UX.Indiana Supreme Court · 1959

37 more not listed; retrieve them via the Exa API.

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