Last week the Indiana Court of Appeals issued this decision. A little background. Once upon a time, in early 2005, there was a plot of “land at the southwest corner of the intersection of highways I-65 and State Road 250 in an unincorporated area [that] was developed — with a building, driveway, and signage for [...]
It never ends
June 20, 2010 By Leave a Comment
That’s what they say about parenthood — Happy Father’s Day. Here’ an unpublished opinion issued last Friday by the Fifth Circuit Court of Appeals. A little background: In 1994, El Paso Entertainment (a strip club) sued the City of El Paso, challenging the validity of its zoning ordinances regulating Sexually Oriented Businesses. Before that issue could be resolved, the City and [...]
How much is that lawn mower in the window?
March 23, 2010 By Leave a Comment
Paul Braley (“Braley”) has a leasehold interest in property in Forest Park, Georgia, where he operates a retail salvage store. Since 1984, he has displayed merchandise for sale to the public in front of the store in an area where there is a sidewalk and places to park. In March 2007, the City of Forest [...]
Justice Delayed is Property Deprived
December 4, 2009 By Leave a Comment
This tale sounds familiar. It’s about the Singhs, who operate a retail martket in south Stockton, California. The Singh’s “market has been selling alcohol for about 60 years as a legal nonconforming use. Located in a high crime area, its parking lot has been a center of criminal activity, from loitering, public drunkenness, gambling and narcotics activity to assaults, [...]
No escaping this adult entertainment ordinance
April 10, 2009 By Leave a Comment
A little over a week ago, the Michigan Court of Appeals issued this (majority) opinion. A divided court (2-1) affirmed that Erie Township did not violate the rights of Alcatraz Industries, Inc. by adopting an ordinance restricting adult entertainment establishments to C-2 zoning districts. Among other restrictions, the ordinance requires an adult business to obtain a [...]
I ain’t no senator’s son
April 5, 2009 By Leave a Comment
The Mild, Mild West
October 28, 2007 By 1 Comment
From the Seventh Court of Appeals of Texas comes this case. It concerns Kenneth Smartt, who began operating a business involving nude dancers (Xoticas) outside the city limits of Laredo in 1995. In 1998, Laredo annexed the property. Four years later, Laredo amended a previously existing ordinance to require those operating sexually oriented businesses to [...]
Life’s a beach sometimes
June 29, 2007 By Leave a Comment
Two federal, appellate opinions concerning adult entertainment were issued this week. From the Seventh Circuit Court of Appeals, there is Forty One News, Inc. v. County of Lake. Long story short: 41 News, an adult book and video store, sued the county under 42 U.S.C. Sec. 1983, challenging the county’s adult use ordinance on federal [...]
Lawmakers work to fix strip club loophole
September 2, 2006 By Leave a Comment
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