Indiana Court of Appeals
MIB, LLC, Ryan Polokoff, and Sabine Kissee v. City of Noblesville and The Planning and Development Director for the City of Noblesville, Indiana
24A-PL-1893
Civil plenary. Affirms Hamilton Superior Court Judge Michael Casati’s entry of a preliminary injunction ordering that MIB cease its operations at a certain location in Noblesville and enjoining the respondents from reopening the business in any zoning district in Noblesville where sex shops are prohibited unless approved through a use variance or rezoning petition. Finds that the city and planning development director have shown they have at least a reasonable likelihood of success at trial by establishing a prima facie case. Also finds that as the city and director have shown a reasonable likelihood that MIB is in violation of the city’s ordinance, pursuant to the “per se” injunctive standard, they “need not make a showing of irreparable harm or a balance of the hardship” in their favor. Attorneys for appellant: Lonnie Johnson, Justin Schwemmer, Robert Esrock. Attorneys for appellees: Vivek Hadley, Donald Morgan, Beth Copeland.