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MARTIN v. CITY OF INDIANAPOLIS

Nos. 98-4041, 98-4132.

192 F.3d 608 (1999)

Jan Randolph MARTIN, Plaintiff-Appellee/Cross-Appellant, v. CITY OF INDIANAPOLIS, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 31, 1999.

Attorney(s) appearing for the Case

Gary L. Starkman (argued) and Scott Hodes (on the brief), Ross & Hardies, Chicago, IL, Jennifer E. Matthews, Martinsville, IN, for plaintiff-appellee.

Gary D. Secrest (argued), Office of Corporation Counsel, Indianapolis, IN, for defendant-appellant.

Before WOOD, Jr., RIPPLE and MANION, Circuit Judges.

HARLINGTON WOOD, Jr., Circuit Judge.

We are not art critics, do not pretend to be and do not need to be to decide this case. A large outdoor stainless steel sculpture by plaintiff Jan Martin, an artist, was demolished by the defendant as part of an urban renewal project. Plaintiff brought a one-count suit against the City of Indianapolis (the "City") under the Visual Artists Rights Act of 1990 ("VARA"), 17 U.S.C. § 101 et seq. The parties filed cross-motions...

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