HomeMy WebLinkAboutOrder Granting Plaintiffs Motion for Summary Judgment :07 0,2-
STATE OF INDIANA
IN THE HAMILTON CIRCUIT COURT 0
)SS:
COUNTY OF HAMILTON CAUSE NO 2 9C01- 0905 -PL -912
CARMEL PLANNING COMMISSION,
HOWARD GREEN, HOLLY GREEN,
JOHN COLOSIMO, BERYL COLOSIMO,),
JIM DUNN, LAURA DUNN, GOPAL �a a-_ ':`s'
GHOUSH, MAYA GHOUSH, MIKE JAN 0 3 2011
SHAW, SUSAN SHAW, RON HERMAN,
SUZANNE HERMAN, ANDREW
WAGNER and JUDITH WAGNER C�'``
Plaintiffs,
vs.
RYAN PATRICK LEWIS,
Defendant.
ORDER GRANTING PLAINTIFFS MOTION FOR SUMMARY JUDGMENT
This cause having come before the Court on Plaintiffs Motion for Summary
Judgment, Designation of Evidence in Support of Plaintiffs Motion for Summary
Judgment and Plaintiffs Brief in Support of Summary Judgment and the Court having
examined the evidence and being duly advised in the premises hereby finds that Plaintiffs
Motion for Summary Judgment is hereby granted.
IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED as follows:
1. Summary Judgment is hereby granted in' favor of Plaintiffs the Carmel
Plan Commission and the Johnson Acres landowners and against
Defendant Ryan Patrick Lewis;
2. 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;
3. 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 the Johnson
Acres subdivision as soon as practicable not later than 90 days from
the date of this order;
4. 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;
5. That Plaintiffs request for reasonable attorney fees, damages and costs
assessed and incurred by the Johnson Acres landowners in prosecuting
this action is granted and hereby set for hearing for hearing on the
2 day of j4,Cj 2' at/,'10-a414./p.m. to determine
the appropriate amount of attorney fees and damages to be awarded to
Plaintiffs.
SO ORDERED, ADJUDGED AND DECREED this Z& day of ?j6
2010.
Judge, Hamilton County Circuit Court
Distribution:
Bruce A. Boje
Richards, Boje, Pickering, Benner Becker
1312 Maple Avenue
P.O. Box 2169
Noblesville, Indiana 46061
John R. Molitor
9465 Counselors Row
Suite 200
Indianapolis, Indiana 46240
Timothy Freeman
THE FREEMAN LAW FIRM, P.C.
310 North Alabama Street
Suite 350
Indianapolis, Indiana 46240