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CONSOLIDATED CITY OF INDIANAPOLIS v. CUTSHAW

No. 1-1281A355.

443 N.E.2d 853 (1983)

CONSOLIDATED CITY OF INDIANAPOLIS, City Controller's Office, and Fred L. Armstrong, Appellants (Defendants below), v. Sherri CUTSHAW, et al., Appellees (Plaintiffs below).

Court of Appeals of Indiana, First District.

Rehearing Denied February 3, 1983.

Attorney(s) appearing for the Case

John P. Ryan, Mark Dall, Jane Seigel, City-County Legal Div., Indianapolis, for appellants.

Franklin I. Miroff, Ancel & Miroff, P.C., Richard Kammen, McClure, McClure & Kammen, Indianapolis, for appellees.

ROBERTSON, Judge.

The defendant-appellant City of Indianapolis (City) appeals from the granting of summary judgment in a cause for declaratory judgment brought by the plaintiffs-appellees which is comprised of massage parlor owners and operators, an adult theater owner, and adult bookstore owners. The trial court found that the City's Zoning Ordinance 76-AO-2 was constitutionally deficient in a number of particulars.

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