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YERGY'S STATE ROAD BBQ v. WELLS CTY. HEALTH

Court of Appeals Case No. 21A-PL-2593.

189 N.E.3d 189 (2022)

YERGY'S STATE ROAD BBQ, LLC, Appellant-Plaintiff, v. WELLS COUNTY HEALTH DEPARTMENT; Eric Holcomb, in his official capacity of Governor of the State of Indiana; and State of Indiana, Appellees-Defendants.

Court of Appeals of Indiana.

Rehearing Denied June 28, 2022.

Attorney(s) appearing for the Case

Attorneys for Appellant: Mark W. Rutherford , Thrasher Buschmann & Voelkel PC, Indianapolis, Indiana, Joshua A. Claybourn , Jackson Kelly PLLC, Evansville, Indiana.

Attorneys for Appellee, Wells County Health Department: Colin Z. Andrews , Andrews & Crell, P.C.

Attorneys for Appellees, Eric Holcomb and State of Indiana: Theodore E. Rokita , Attorney General of Indiana, Angela N. Sanchez , Chief Counsel of Appeals, Benjamin M.L. Jones , Supervising Deputy Attorney General, Indianapolis, Indiana.

Statement of the Case

[1] Yergy's State Road BBQ, LLC ("Yergy") appeals the trial court's order dismissing Yergy's complaint against the State of Indiana ("the State") and Governor Eric Holcomb ("the Governor") (collectively, "the State Defendants") and the Wells County Health Department ("the County Health Department"). Yergy...

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