Preview:

FOR PUBLICATION


ATTORNEY FOR APPELLANT: ATTORNEY FOR APPELLEE
PEARL GASPER TRUST:
SCOTT A. TANNER
Tanner Law Group STEPHEN R. BUSCHMANN
Indianapolis, Indiana Thrasher Buschmann & Voelkel, P.C.
Indianapolis, Indiana

ATTORNEY FOR APPELLEE
BRUCE F. WALLER:

WILLIAM GOODEN  
Clark, Quinn, Moses, Scott & Grahn, LLP
Indianapolis, Indiana

  

IN THE
COURT OF APPEALS OF INDIANA




BAY COLONY CIVIC CORPORATION, )
)
Appellant-Defendant, )
)
vs. ) No. 49A05-1207-PL-365
)
PEARL GASPER TRUST and BRUCE F. )
WALLER,  )
)
Appellees-Plaintiffs. )




APPEAL FROM THE MARION SUPERIOR COURT
The Honorable Thomas J. Carroll, Judge
Cause No. 49D06-1007-PL-31654




March 11, 2013

OPINION - FOR PUBLICATION

SHEPARD, Senior Judge
Two homeowners in a planned subdivision on a reservoir have been seeking to prevent their neighbors from using an easement for access to the reservoir.
The two homeowners own private boat docks, and they sued when the neighborhood association spent funds to create a path down through the easement to the water so that other residents could use the reservoir without encroaching on the docks.  Concluding the trial court erred by entering judgment in favor of the two homeowners, we reverse.
FACTS AND PROCEDURAL HISTORY
Bay Colony is a residential development situated next to Eagle Creek Reservoir in Marion County, Indiana.  Broadly put, the neighborhood is arranged as follows.  The City of Indianapolis owns the land immediately at water

Download 03111301rts.pdf

Indiana Law