Rusty Ing v. City of Milan

Plaintiff is a business owner who was informed by the City of Milan that his business license would not be renewed because the City had determined that he was a “transient merchant” within the meaning of the City’s municipal code. Plaintiff filed this lawsuit, seeking an injunction preventing the City from prohibiting the operation of his business. The City filed a motion for summary judgment, claiming that the undisputed facts established as a matter of law that Plaintiff was a transient merchant. The trial court agreed and granted the City’s motion for summary judgment. Plaintiff appealed. We reverse and remand for further proceedings.