HomeMy WebLinkAboutOrder Of Dismissal Of Summerlakes/Deerfield Defendants 10-17-22FILED
October 17, 2022
CLERK OF THE HAMILTON
CIRCUIT COURT
STATE OF INDIANA )
SS:
COUNTY OF HAMILTON )
ASHERWOOD CARMEL, LLC
Plaintiff,
V.
TODD E. KATZ, ET AL.
Defendants.
IN THE HAMILTON SUPERIOR COURT
CAUSE NO. 29D05-2106- PL-003911
ORDER DISMISSING SUMMERLAKES/DEERFIELD GROUP
DEFENDANTS AND APPROVING DISCLAIMER
Plaintiff, Asherwood Carmel, LLC ("Plaintiff'), by counsel, and defendants
Christopher J. Savage, Patti C. Savage, David W. Funke, Jane B. Funke, Jonathan
S. Courchaine, Kenneth R. Blankenberger, Marianne Erler, Sidney Dunn, Linda C.
Dunn, James Allen Redelman, Michelle Lynn Redelman, Gregory Brent Corn, Gail
Kathryn Corn, Lawrence G. Falender, Susan L. Falender, Michael Momcilovich,
Bridget G. Momcilovich, Gordon Brooks, Angela C. Brooks, Evan D. Bedel, Abbe
Bedel, Frederick D. Emhardt, Cynthia L. Emhardt, Alexander G. Godfrey, Patricia
E. Godfrey, Martin L. Milgrom, and Lesley B. Milgrom(collectively
"Summerlakes/Deerfield Group Defendants"), by counsel, and the Summerlakes
Property Owners Association, Inc. ("Summerlakes POA" ), by counsel, have filed
"Joint Disclaimer and Stipulation of Dismissal With Prejudice By the Plaintiff and
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the Summerlakes/Deerfield Group Defendants" ("Joint Disclaimer and
Stipulation").
And the Court, being duly advised, based on the consideration recited in the
Joint Disclaimer and Stipulation, including Exhibit 1 and Exhibit 2 attached
thereto, hereby DISMISSES WITH PREJUDICE the Summerlakes Deerfield Group
Defendants, the Summerlakes POA, and any other defendants who have stipulated
to dismissal, and finds that all defendants named in the litigation have either been
defaulted or dismissed disclaiming their right to contest the prayer for relief in the
Plaintiff's complaint and therefore ORDERS:
1. All portions of the "Restricted Property" as defined in the Complaint,
including Defendants' Parcels, each Individual Parcel, and Plaintiff's Property are
released from the 75 foot Setback Restriction set forth in the Complaint and are
bound instead to the restrictions set forth in Exhibit 1 of the Joint Disclaimer and
Stipulation.
2. Plaintiff will not be in violation of the Covenants identified in the Complaint
by developing, constructing, or permitting the construction on Plaintiff's Property of
single family dwellings that have front yard setbacks of less than seventy five feet
(75'), as long as all such development and/or construction complies with the front
yard setback of forty feet (40') as required by the City of Carmel Zoning Ordinance
and Exhibit 1 of the Joint Disclaimer and Stipulation, and the lot sizes are not less
than one full acre in area.
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b}ttttese
6RIOR
Dated:
10/16/2022
The Honorable DAd jai°
Judge, Hamilton Su eitior .C;�u , , Room No.
i�
Copies to:
Counsel of Record