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HALL DRIVE INS, INC. v. CITY OF FORT WAYNE

No. 02S04-0109-CV-423.

773 N.E.2d 255 (2002)

HALL DRIVE INS, INC. d/b/a Don Hall's Guesthouse, Defendant-Appellant, v. CITY OF FORT WAYNE, Plaintiff-Appellee.

Supreme Court of Indiana.

August 16, 2002.

Attorney(s) appearing for the Case

M. Scott Hall, Barnes & Thornburg, Fort Wayne, IN, Attorney for Appellant.

Martin T. Fletcher, Sr., Christine M. Stach, Rothberg, Logan & Warsco, Fort Wayne, IN, Attorneys for Appellee.

On Petition To Transfer.

DICKSON, Justice.

The defendant-appellant, Halls Drive-Ins, Inc. d/b/a Don Hall's Guesthouse, ("Guesthouse") appeals from a judgment finding that it violated the City of Fort Wayne Smoking Ordinance. The Court of Appeals reversed, 747 N.E.2d 638 (Ind.Ct. App.2001), and we granted transfer. 761 N.E.2d 418 (Ind.2001). Concluding that Guesthouse does not fall within one of the exceptions provided...

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