[DOWNLOAD] "State Ex Rel. Victory Lanes v. Blackford" by Supreme Court Of Indiana " Book PDF Kindle ePub Free

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eBook details

• Title: State Ex Rel. Victory Lanes v. Blackford
• Author : Supreme Court Of Indiana
• Release Date : January 29, 1967
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Appellants filed a complaint in multiple paragraphs alleging that they were the owners of real estate in Aboite Township, Allen County, Indiana which is contiguous to Brook Hollow Drive. Count I of the complaint alleged that the Appellants had purchased their real estate from the Appellee, Standard Land Corporation, hereafter SLC, and in purchasing it SLC represented to them that said real estate was a part of and subject to the land use restrictions of Brook Hollow Estates. It further alleged that SLC and Appellees, John C. Gould and Scotia Development Corporation, hereafter SDC, owned or claimed to own land which is a part of Brook Hollow Estates and were threatening to use or develop the same in violation of the restrictions applicable to said real estate. It was further alleged that Appellees, John C. Gould and SDC, had filed a preliminary plat of the proposed development with the Allen County Plan Commission, which preliminary plat included a substantial portion of Brook Hollow Estates and proposed uses therein in violation of the Brook Hollow Estates restrictions. Count I prayed for an injunction from proceeding on said proposed plat. Count II prayed for money damages on the basis of the allegations in Count I. Count III was a class action which asserted that Allen County ordinance number 9-1960 on its face violated the Fourteenth Amendment of the Constitution of the United States and also violated Article I, Section 21 and 23, of the Constitution of the State of Indiana, and further alleged that Allen County ordinance 9-1960 was illegal, arbitrary and capricious in that it violated the enabling legislation of the State of Indiana authorizing the establishment of zoning ordinances and plan commissions in that it did not specify ecological factors as a criterion to be considered in respect to proposed plats. A permanent injunction was prayed for in Count III.

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