Keene v. Elkhart County Park & Recreation Board

OPINION

BAILEY, Judge

Case Summary

Appellants Samuel and Marilyn Keene (the Keenes), Plaintiffs below, present this interlocutory appeal of the trial court's entry of partial summary judgment in favor of appellee-defendant Elkhart County Park and Recreation Board (the Board). We reverse.

Issue

The issue certified by the trial court for interlocutory appeal pursuant to Indiana Appellate Rule 4(B)(6) is:

When a deed contains the statement: '[Als [al part of the consideration for the sale and purchase of this land, it is agreed that [ ] grantee [ ] will construct and [forever] maintain [a proper]…