ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
M. Scott Hall Martin T. Fletcher, Sr.
Barnes & Thornburg Christine M. Stach
Fort Wayne, Indiana Rothberg, Logan & Warsco
Fort Wayne, Indiana
In The
INDIANA SUPREME COURT
HALL DRIVE INS, INC. d/b/a )
TRIANGLE PARK, )
)
Defendant-Appellant, )
)
v. ) O2S03-0109-CV-425
)
CITY OF FORT WAYNE, )
)
Plaintiff-Appellee. )
)
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APPEAL FROM THE ALLEN SUPERIOR COURT
Cause No. 02D04-9912-OE-1134(A)
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On Petition To Transfer
August 16, 2002
DICKSON, Justice
The defendant-appellant, Halls Drive-Ins, Inc. d/b/a Triangle Park
("Triangle"), appeals from a judgment finding that it violated the City of
Fort Wayne Smoking Ordinance. Fort Wayne, Ind., City Code Tit. IX, § 95.60-
70 (1998). The Court of Appeals reversed, 747 N.E.2d 643 (Ind. Ct. App.
2001), and we granted transfer. 761 N.E.2d 418 (Ind. 2001). In accord
with our decision today in the companion case of Hall Drive-Ins, Inc.
d/b/a Don Hall's Guesthouse v. City of Fort Wayne, ___ N.E.2d ___ (Ind.
2002), we conclude that Triangle does not fall within one of the exceptions
provided in the ordinance, we affirm the trial court.
The proceedings at trial and on appeal are substantially the same as
those in Guesthouse. The two cases differ in the fact that Triangle was
found to have violated the Smoking Ordinance because of the presence of
smoking paraphernalia, an ashtray, in the Triangle bar area, contrary to
Section 95.64(C) of the ordinance, whereas in Guesthouse, a patron was
found smoking in its bar area. Triangle presents the same arguments as
presented in Guesthouse, and we resolve them in the same way.
The trial court is affirmed.
SHEPARD, C.J., and SULLIVAN, BOEHM, and RUCKER, JJ., concur.