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15-1568 - GEFT OUTDOOR LLC v. CONSOLIDATED CITY OF INDIANAPOLIS AND COUNTY OF MARION, INDIANA et al

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DEPARTMENT OF CODE ENFORCEMENT, Defendant
DEPARTMENT OF METROPOLITAN DEVELOPMENT, Defendant
METROPOLITAN BOARD OF ZONING APPEALS, DIVISION 1, Defendant
GEFT OUTDOOR LLC, Plaintiff
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15-1568 - GEFT OUTDOOR LLC v. CONSOLIDATED CITY OF INDIANAPOLIS AND COUNTY OF MARION, INDIANA et al
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May 20, 2016
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ORDER - The Court declares that GEFT's claims related to the original Sign Ordinance seeking declaratory and injunctive relief are denied as moot based on the passage of the Amended Sign Ordinance, but its damages claims survive; The original Sign Ordinance in its entirety violates the First Amendment making the City liable to GEFT for any resultant monetary damages it can establish; and the Amended Sign Ordinance is constitutional under the First Amendment, thereby binding GEFT to its requirements. GEFT's First Amendment money damages claims and the remaining substantive claims alleged in its Second Amended Complaint will proceed accordingly. Signed by Judge Sarah Evans Barker on 5/20/2016.(CKM)
January 10, 2017
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relief, except Counts 11 and 12, are denied as moot *** SEE ORDER ***. Signed by Judge Sarah Evans Barker on 1/10/2017. **Emailed to USCA re #16-2510** (CKM) Modified on 1/10/2017 (CKM). Modified on 1/11/2017 (MAT).CLOSED JUDGMENT and ORDER FOR PERMANENT INJUNCTION - The Court enters judgment in favor of GEFT and against the City on Counts 11 and 12 of its Second Amended Complaint. Pursuant to I.C. 36-7-4-1615, the Court orders the City to issue the appropriate permits, subject to GEFT's payment of the ordinary permit fees, allowing GEFT to convert the GEFT East/West Signs to digital consistent with this Order (the, "Permits"). All of GEFT's other causes of action and claims for