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CRACKER BARREL v. TOWN OF PLAINFIELD

No. 32A01-0507-CV-296.

848 N.E.2d 285 (2006)

CRACKER BARREL OLD COUNTRY STORE, INC., Appellant-Defendant, v. TOWN OF PLAINFIELD, Indiana, on Behalf of the PLAINFIELD PLAN COMMISSION, Appellee-Plaintiff.

Court of Appeals of Indiana.

Transfer Denied September 7, 2006.

Attorney(s) appearing for the Case

Michael A. Wukmer, Brian E. Bailey, Ice Miller, Indianapolis, for Appellant.

Melvin R. Daniel, James B. Chapman II, Dann Pecar Newman & Kleiman, P.C., Indianapolis, for Appellee.

OPINION

BAKER, Judge.

Appellant-defendant Cracker Barrel Old Country Store, Inc. (Cracker Barrel) appeals the trial court's grant of summary judgment entered in favor of the appellee-plaintiff Town of Plainfield (Plainfield), which determined that Cracker Barrel's pole sign must be removed from its premises. Specifically, Cracker Barrel argues that the trial court erroneously determined that its sign lost its status as a legally established nonconforming...

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