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Monday, June 19, 2006
Ind. Decisions - Court of Appeals issues one today
In Evansville Outdoor Advertising, Inc. v. Princeton City Plan Commission and Princeton City Council, a 12-page opinion on rehearing, Judge Barnes writes:
The Princeton Plan Commission (“the Commission”) petitions for rehearing following our memorandum decision in Evansville Outdoor Advertising, Inc. v. Princeton Plan Commission, et al., 26A05-0506-CV-306 (Ind. Ct. App. March 10, 2006). The Commission argues and EOA concurs that Section 6.29 of the Princeton Code (“the Code”) does not apply to this case, and therefore the trial court had subject matter jurisdiction over a complaint for declaratory judgment filed by Evansville Outdoor Advertising (“EOA”). Based on the specific language of our 2002 memorandum decision concerning the same proposed billboard, we grant the Commission’s petition for rehearing, vacate our original opinion, and affirm the trial court’s judgment in favor of the Commission.
Posted by Marcia Oddi on June 19, 2006 12:50 PM
Posted to Ind. App.Ct. Decisions