Monday, May 19, 2008

Justices split on rental restriction case

The Indiana Daily Lawyer reports The Indiana Supreme Court came down on the side of a homeowner/landlord against a homeowners association. The following is from Justices split on rental restriction case:

"The state's highest court has been quiet on the issue since hearing arguments in October 2006, but it simultaneously decided to grant transfer and issue an opinion in the case of Villas West II of Willowridge v. Edna McGlothin, No. 34S02-0805-CV-266. The case involved a covenant that the Indiana Court of Appeals described as being 'subterfuge for excluding minorities from renting homes' and a case of first impression that could affect how neighborhoods across the state implement no-rent provisions."
What makes this case even more interesting is the Indiana Supreme Court sent this back down to the trial court to determine if there was intentional discrimination.