HomeMy WebLinkAboutOrder of Final Judgment A
STATE OF INDIANA IN THE HAMILTON CIRCUIT COURT
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COUNTY OF HAMILTON CAUSE NO. 29C01- 0905 -PL -912
CARMEL PLANNING COMMISSION,
HOWARD GREEN, HOLLY GREEN,
JOHN COLOSIMO, BERYL COLOSIMO,
JIM DUNN, LAURA DUNN, GOPAL
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GHOUSH, MAYA GHOUSH, MIKE ;"a:e
SHAW, SUSAN SHAW, RON HERMAN HERMAN, ANDREW
WAGNER and JUDITH WAGNER, MAR 2011
Plaintiffs,
Fl;itill i' ;n suPLit4OF; ::;:;;;27
vs.
RYAN PATRICK LEWIS,
Defendant.
ORDER OF FINAL JUDGMENT
This cause comes before the Court on Plaintiffs request for a judgment for
attorney fees and damages incurred by Plaintiffs in prosecuting this action following the
entry of Summary Judgment in favor Plaintiffs and against Defendant on December 28,
2010. The Court held a hearing on Plaintiffs request for attorney fees and damages on
March 1, 2011. Plaintiffs appear by counsel, Plaintiff Howard Green appears in person
and Defendant appears /fails to appear. The Court having heard evidence and being duly
advised in the premises now finds and orders as follows:
1. Plaintiffs Motion for Summary Judgment was granted on December 28, 2010
disposing of all pending issues before the Court. In its order of December 28, 2010, the
Court ordered as follows:
A. Summary judgment is hereby granted in favor of Plaintiff the Carmel
Plan Commission and the Johnson Acres landowners and against
Defendant Ryan Patrick Lewis;
B. The Court hereby finds that the Covenants and Restrictions of Johnson Acres,
as made in connection with the Carmel Plan Commission's approval of the
plat of the Johnson Acres subdivision in April 1976, prohibits the construction
of the garage contemplated by the building permit issued to Defendant Ryan
Patrick Lewis and approved by the City of Carmel on January 12, 2009;
C. The Court hereby orders the Defendant Ryan Patrick Lewis to demolish and
remove the existing garage structure on his real estate located at 646 Johnson
Drive, Carmel, Indiana 46033 in Johnson Acres subdivision as soon as
practicable not later than 90 days from the date of this order;
D. The Court hereby orders the Defendant Ryan Patrick Lewis not to construct
any structure on the real estate located at 646 Johnson Drive, Carmel, Indiana
46033 unless the structure fully complies with the Covenants and Restrictions
of the Johnson Acres subdivision; and
E. The Plaintiffs request for reasonable attorney fees, damages and costs
assessed and incurred by the Johnson Acres landowners in prosecuting this
action is granted and the issue of damages was set for hearing on January 25,
2011, which was subsequently continued to March 1, 2011.
2. There is no just reason for delay to enter an Order of Final Judgment as to the
issues determined in the December 28, 2010 order entering summary judgment in
Plaintiffs favor and against the Defendant Ryan Patrick Lewis, as well as an Order of
Final Judgment as to reasonable attorney fees, damages and costs assessed to the Johnson
Acres landowners in prosecuting this action and there is no reason for a trial to be held in
this cause of action.
3. Evidence was heard on the issues of reasonable attorney fees and damages
incurred to Plaintiffs Howard and Holly Green. Plaintiffs Howard and Holly Green
e; P O_t l o f #1 1, 0 H, RD
incurred $11,161.25 in reasonable attorney fees, and 460.00 in other costs related to
prosecuting this cause of action. Additional attorney fees were incurred by Plaintiffs
Howard and Holly Green in the amount of 2 00 at the hearing held on March 1,
2011. Final Judgment shall be entered against the Defendant Ryan Patrick Lewis and in
favor of the Plaintiffs Howard and Holly Green in the amount of 12, 4'S HI
4. Final Judgment is hereby entered in favor of Plaintiffs and against Defendant
Ryan Patrick Lewis pursuant to this order and the Court's Order Granting Plaintiffs
Motion for Summary Judgment dated December 28, 2010.
5. The Clerk of this Court is ordered to enter and record this order on its
Judgment Docket as a Final Judgment.
SO ORDERED, ADJUDGED AND DECREED this 4 day of Mird'1.
2011.
Judge, Hamilton County Circuit Court