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Published by the Indiana Office of Court Services

Gates v. City of Indianapolis, No. 49A04-1210-OV-503, __ N.E.2d __, (Ind. Ct. App., July 11, 2013).

July 11, 2013 Filed Under: Civil Tagged With: Appeals, E. Najam

Najam, J.
STATEMENT OF THE CASE
Robert Gates appeals the trial court’s order denying his demand for a jury trial in this action in which the City of Indianapolis (“the City”) alleged that Gates violated three municipal ordinances. Gates presents a single issue for our review, namely, whether the trial court erred when it denied his demand for a jury trial.
We reverse and remand with instructions.
….
While the ordinances at issue here can be used to abate and prevent nuisances, the City has not sought injunctive relief but will impose mandatory fines as provided for in Section 531-401 and Section 531-203. The trial court points out that the City “likely will follow its practice and request an injunction against future violations of Chapter 531 if it prevails against Mr. Gates.” Appellant’s App. at 12. But there is no injunctive relief requested in the case as it now stands, and it would be improper for us to speculate as to what the City might do in the future.
The City’s request for monetary relief under the ordinances is unlike, for example, a foreclosure action, in which a court in equity would be permitted to hear a legal claim for breach of contract in conjunction with the injunctive relief sought. See Songer, 771 N.E.2d at 66 (holding where the essential features of a suit sound in equity, the entire controversy is drawn into equity, including incidental questions of a legal nature). Here, again, only monetary damages are sought and there is no basis for drawing that legal claim into equity. The nature of the underlying substantive claims brought against Gates is quasi-criminal, and he is entitled to a jury trial under Article I, Section 20 of the Indiana Constitution. We reverse and instruct the trial court to grant Gates’ jury trial request.
Reversed and remanded with instructions.
BAILEY, J., and BARNES, J., concur.

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