Dandy Co. v. Civil City of South Bend

HOFFMAN, Judge.

Defendant-appellant Dandy Co., Inc. (Dandy) appeals the issuance of a preliminary injunction enjoining it from operating an adult bookstore pending further court order or final hearing.

The evidence most favorable to the judgment discloses that the subject premises, a building located at 1524 South Miami Street in South Bend, Indiana, was owned by Kathryn Serkes at all times material to this litigation. In March of 19.72, Serkes leased the premises to Edward Balanow who used it to operate an adult bookstore. On May 3, 1974, Balanow vacated the premises and the *1382.Sappenfields…