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PLAZA GROUP PROP. v. SPENCER COUNTY PLAN

No. 74A01-0703-CV-145.

877 N.E.2d 877 (2007)

PLAZA GROUP PROPERTIES, LLC, Robert W. Allen, and Fuel in Dale, LLC, Appellants-Defendants, v. SPENCER COUNTY PLAN COMMISSION and Spencer County Board of Commissioners, Appellees-Plaintiffs.

Court of Appeals of Indiana.

December 13, 2007.

Attorney(s) appearing for the Case

John D. Cox, Lynch, Cox, Gilman & Mahan PSC, Louisville, KY, H. Louis Sirkin, Jennifer M. Kinsley, Scott R. Nazzarine, Sirkin, Pinales & Schwartz LLP, Cincinnati, OH, Attorneys for Appellants.

John G. Wetherill Rockport, IN, Attorney for Spencer County Plan Commission.

Francis H. Lueken, Jr., Ferdinand, IN, Attorney for Spencer County Board of Commissioners.

Scott D. Bergthold, Chattanooga, TN, Attorney for Appellees.

OPINION

BAKER, Chief Judge.

The parties' dispute requires us to determine the constitutionality of portions of Spencer County's sexually oriented business ordinances. While there is an abundance of caselaw addressing the constitutionality of similar ordinances, discerning the relevant precedent has been compared to "reading the tea leaves." Triplett Grille, Inc. v. City of Akron, 40 F.3d 129, 134 (6th Cir.1994).<...

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