Benjamin Crossing Homeowners' Ass'n v. Heide
2012 Ind. App. LEXIS 44
| Ind. Ct. App. | 2012Background
- Benjamin Crossing is a PUD in Tippecanoe County with recorded covenants; Declaration imposes private restrictive covenants including prohibition of business use in Lots.
- Plan Commission approved PD 03-03 and recorded the Declaration March 7, 2003; PUD ordinance and Declaration are intertwined.
- Homeowners' Association is a nonprofit formed to enforce covenants; Section 8.2 authorizes enforcement mechanisms.
- Heide operates a licensed child care home in her Benjamin Crossing residence starting 2008; Wilkerson begins in 2008 with a part-time employee.
- Association sought injunctive relief and summary judgment on its counterclaim; trial court granted Heide/Wilkerson summary judgment, later reversed on appeal.
- Court held that private covenants survive incorporation into the PUD and that IC 36-7-4-1108 does not invalidate private covenants enforceable by the Association.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Association may enforce covenants against home day care despite IC 36-7-4-1108. | Association argues covenants remain enforceable private restrictions. | Heide/Wilkerson contend covenants are superseded by zoning limitations. | No; covenants enforceable; trial court erred. |
Key Cases Cited
- Suess v. Vogelgesang, 281 N.E.2d 536 (Ind. Ct. App. 1972) (zoning and private covenants do not negate each other; covenants remain private restraints)
- Story Bed & Breakfast, LLP v. Brown County Area Plan Comm'n, 819 N.E.2d 55 (Ind. 2004) (PUDs are zoning ordinances; covenants separate private restrictions)
- Caesar's Riverboat Casino, LLC v. Kephart, 934 N.E.2d 1120 (Ind. 2010) (presumption against legislative change beyond express terms)