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ANTICO v. CITY OF INDIANAPOLIS

No. 1-881A232.

441 N.E.2d 999 (1982)

Albert J. ANTICO, Plaintiff-Appellant, v. CITY OF INDIANAPOLIS, Fred Armstrong, As Controller and Agent of the City of Indianapolis, and J. Nicholas Shelley, As Acting Administrator, Department of Metropolitan Development, City of Indianapolis, Defendants-Appellees.

Court of Appeals of Indiana, First District.

Rehearing Denied December 21, 1982.

Attorney(s) appearing for the Case

Richard Kammen, McClure, McClure & Kammen, Franklin I. Miroff, Ancel & Miroff, Indianapolis, for plaintiff-appellant.

Charles B. Huppert, Huppert & Wilcox, Mark Dall, John P. Ryan, City Legal Div., Larry F. Witham, Dept. of Metropolitan Development, Indianapolis, for defendants-appellees.

ROBERTSON, Judge.

On September 13, 1976, the City-County Council of Indianapolis and Marion County, Indiana, passed a Special Exceptions Zoning Ordinance (# 76-AO-2) which created a "Class 1 Regulated Commercial Use." The purpose of the ordinance was to assure a 500 feet distance between specified zoning districts and so-called adult establishments and amusement arcades. The specific Class 1 Regulated Use under scrutiny in this appeal is defined in the ordinance as...

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