Legal Opinion

TJ's South, Inc. v. Town of Lowell

District Court, N.D. Indiana

Decided August 4, 1995No. 2:94-CV-203PublishedCited by 2 opinions

1Opinion of the Court

ORDER

LOZANO, District Judge.

This matter is before the Court on the Motion to Dismiss Plaintiffs Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(1) filed by Defendants on June 5, 1995. For the reasons set forth below, the Motion is DENIED.

BACKGROUND

Plaintiff, TJ’s South, Inc. (“TJ’s”) currently operates a tavern in Lowell, Indiana. Defendants are The Town of Lowell (“Lowell”), The Lowell Town Council (“Council”), The Lowell Board of Zoning Appeals (“Board”), and individual members of the Council and the Board (the individuals are all sued in their official capacities).

The following…

2Cases cited21 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  3. City of Lakewood v. Plain Dealer Publishing Co.Supreme Court of the United States · 1988
  4. Yee v. City of EscondidoSupreme Court of the United States · 1992
  5. MacDonald, Sommer & Frates v. Yolo CountySupreme Court of the United States · 1986

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3Cited by2 opinions

  1. Golemine, Inc. v. Town of Merrillville, IndianaDistrict Court, N.D. Indiana · 2009
  2. TJ's South, Inc. v. Town of LowellDistrict Court, N.D. Indiana · 1996

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