Chirico Media, LLC v. Indiana Department of Transportation

── Chirico Media, LLC v. Indiana Department of Transportation ── Case No.: 23A-PL-02179 Court: Indiana Court of Appeals Date: March 25, 2024 Author: Judge Nancy Vaidik County of Origin: Marion Category: Civil Decision: Dismissed Judge May and Judge Kenworthy concur In 2015, Chirico Media, LLC (“Chirico”) applied for a permit to erect a billboard near mile marker 101 of I-74 in Shelby County. The Indiana Department of Transportation (“INDOT”) denied the permit on the basis that it had designated that stretch of I-74 as part of a scenic byway—the Historic Michigan Road Byway—in 2011. Under federal and state law, new billboards generally cannot be built next to roads designated as scenic byways. 23 U.S.C. § 131(s); 105 Ind. Admin. Code 7-4-19(a). Chirico initiated an administrative appeal with INDOT.