City of Hammond v. Doody

HOFFMAN, Presiding Judge.

Defendant-appellant City of Hammond, Indiana appeals the trial court’s judgment permanently enjoining the City of Hammond from enforcement of Ordinance 6045 against Michael E. Doody, d/b/a Flower Express.

The facts relevant to this appeal disclose that on April 28, 1987, the City of Hammond enacted Ordinance 6045 prohibiting outdoor retail sales in commercially zoned districts. Doody, who has an outdoor flower sales business, challenged the ordinance by filing a complaint in Lake Circuit Court. He alleged in his complaint that the ordinance was unconstitutional and…