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CITY OF GARY v. MAJOR

No. 45S04-0401-CV-10.

822 N.E.2d 165 (2005)

The CITY OF GARY and Mayor Scott King, in his official capacity, and The City of Gary Common Council, consisting of Roy Pratt, Marilyn Krusas, Robert White, Mary Brown, Carolyn Roger, Jerome Prince, Alex Cherry, Charles Hughes, and Kyle Allen, Sr., in their official capacity, Appellants (Defendants below), v. Ronnie MAJOR d/b/a Affordable Towing and Associates, James Mako, Jr., d/b/a Mako's Towing, and Hewlin Major d/b/a Hugh's Towing, Appellees (Plaintifffs below).

Supreme Court of Indiana.

February 10, 2005.

Attorney(s) appearing for the Case

Michael J. Rappa, Johnson & Rappa, LLC, Merrillville, IN, Attorney for Appellants.

Michael C. Dovellos, Merrillville, IN, Attorney for Appellees.

RUCKER, Justice.

The City of Gary, the Mayor of Gary, and members of the Gary City Council appeal a trial court finding of contempt and a corresponding award of monetary damages. We affirm the contempt finding but reverse the award of damages.

Facts and Procedural History

Over the veto of then Mayor Thomas V. Barnes, the legislative body of the City of Gary, the Gary City Council ("City Council"), passed an ordinance in 1989 concerning the award...

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