Warrior Racing on Weller Drive in Tipp City (next to Bob Evans) has reported to TippNews DAILY this evening that they indeed have won the appeal in the case set against them by the City of Tipp City. Warrior Racing is an auto, truck and motorcycle performance shop, specializing in turbo, suspension and custom wheels.
The original litigation began back on July 16, 2007 when the City of Tipp City sought an injunction against Michael Dakin for the painting of the “mad professor” on the side of his building. According to City ordinance, the painting was a sign as it “directs attention to an object, product, place, activity, person, institution, organization … or business”. At that time, City Attorney Joseph Moore claimed that Mr. Dakin failed to seek out a sign permit prior to commissioning the mural.
In an interview this evening with TippNews DAILY, Chris Dakin, General Manager of Warrior Racing stated “Our appeal made 6 months ago to the 3 judge panel found today that the judgement upon us was indeed unconstitutional, and that the painting on our building was not a sign, and was indeed a mural”
Mr. Dakin further explained, “Our contention all along was that this painting has no material impact to our business, on the contrary we get more calls from people thinking that we are a paintball or skateboard shop”
When asked about how he feels about the decision Dakin replied, “I feel sorry that this happened in the first place. I live in Tipp City and now we (the City) will have to pay for this whole mess. I don’t think that the City ever grasped the fact that if a business is successful in your city, that the city too will be successful.” (referring to more job creation, bigger tax base)
With the loss of the appeal, the City of Tipp City could be liable to pay for legal fees accrued over the three year litigation. Mr. Dakin’s attorney could not be reached for comment on the case, however TippNews DAILY will be receiving a formal statement from Mr. Dakin as well as his attorney on Monday morning. TippNews DAILY will also be seeking comment from Tipp City’s City Manager Jon Crusey on whether or not the City will appeal the decision.
On a related matter, this Monday evening at 7:30PM City Council is scheduled for a public hearing of two appeals made by local businesses. Spring Hill Nursery/Gardens Alive! is seeking to not be forced to build a concrete parking lot on one of its properties, and Holiday Inn Express is seeking to install a highway sign that exceeds the current maximum size allowed by City ordinance.
