In the ongoing legal case between the Cozy Inn and the City of Salina, both parties have filed motions for summary judgment. The judge could partially grant either motion, which may still lead to the case going to trial in October.
Previously, the judge indicated he anticipated issuing a ruling on or about August 8, 2025. A decision is now expected any day.
If the court grants summary judgment in favor of the City, the Cozy Inn could appeal the decision. Likewise, if the ruling favors the Cozy Inn, the City could file an appeal. Any appeal would go to the U.S. Court of Appeals for the Tenth Circuit, which typically convenes in Denver with a three-judge panel.
Should the Tenth Circuit issue a ruling favoring one side, the opposing party could petition the U.S. Supreme Court for review. However, if the judge does not issue a complete ruling in favor of one party, the case will proceed to trial as scheduled.
Background of the Mural Dispute
Cozy Inn, a historic Salina landmark known for its century-old slider burger recipe, sought to contribute to Downtown Salina’s growing art scene by commissioning a local artist to paint a mural at 108 N 7th Street. Owner Steve Howard initiated the project on November 3, 2023, as a way to support the evolving artistic landscape of the city.
However, on November 6, 2023, just days after work on the mural began, Lauren Driscoll, Director of Community & Development Services, intervened, citing violations of city signage regulations. The city determined that the mural was an advertisement rather than public art and required proper permitting. Additionally, the artwork exceeded the size limits allowed by city code.
In response, Howard maintained that the mural was intended to enhance Downtown Salina, not as an advertisement for his business. However, the disagreement escalated into a legal dispute that has now cost the City of Salina over $650,000 in litigation fees.
The Salina Arts & Humanities Department, represented by Executive Director Brad Anderson, became involved due to the mural’s artistic intent. A meeting with all parties was scheduled for November 13, 2023, in an attempt to find a resolution. However, legal proceedings continued as no agreement was reached.
