ANDERSON — A south side Anderson strip club and the city are still deadlocked in a zoning dispute after a Madison County magistrate ruled that neither entity offered enough evidence to prove that the club can continue to operate or whether it must relocate or stop featuring topless dancers. Both sides had sought a summary judgment against the other, in which Madison Circuit Court 4 Magistrate Kevin Eads could issue a verdict in lieu of a trial. On Thursday, Eads wrote, “Frankly, there is a paucity of evidence submitted by both parties.
” Eads denied both sides’ requests for summary judgment. More evidence is needed from both, but no further court dates have been set. The dispute is between the city and an adult entertainment establishment formerly known as Hoosier Girls Showclub and now called The Pony.
The bar at 1106 E. 53rd St. had been the source of noise complaints from the adjacent Scarlet Lakes neighborhood, City Attorney Tim Lanane said.
However, the city was strapped in resolving the complaints as the bar had been grandfathered into a B-1 general business district. Under city code, adult entertainment businesses are to be in B-2 business of I-1 industrial districts. In response, the city claimed the bar was in violation of its zoning.
Bar owners disagreed, citing the grandfathered clause that allowed them to operate as a “nonconforming” yet lawful business. However, if a nonconforming business doesn’t operate for a year, then it reverts to the underlying.